This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these (...) factors suggests greater explanatory force of an alternative view she dismisses, to which she refers as the ‘deflationary view.’ In addition, among alternative theories that Valentini rejects is one based on the principle of fair play. I respond to Valentini’s criticisms, thereby demonstrating the continuing applicability of fair play. (shrink)

University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in (...) the USA, Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)

Current scholars generally view political obligations as "content independent." Citizens have moral reasons to obey the law because it is the law, rather than because of the content of different laws. However, this position is subject to criticism on both theoretical and practical grounds. The main consideration in favor of content independence, the so-called "self-image of the state," does not actually support it. Properly understood, the state's self-image is to comply with laws because of the underlying moral reasons that (...) justify them, rather than because they are laws. Because content independence has played a central role in the widespread belief that a suitable theory of political obligation is not possible, rejecting it allows the possibility of a theory that establishes moral requirements for virtually all citizens to behave in accordance with virtually all laws, although these requirements are particular to different laws, and subjects are not required to obey them because they are laws. (shrink)

This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available.

_A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history_ This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

The principle of fairness is a moral principle which states that individuals are under an obligation to contribute towards beneficial cooperative projects. It has been appealed to in arguing that citizens are obligated to pay for public goods that their government supplies. Yet the principle has faced a number of powerful objections, most notably those of Robert Nozick. In responding to some of these objections, proponents of the principle have placed a number of conditions on its application. However, by (...) doing so, they have reduced the number of public goods that the principle can explain obligations to contribute towards, and consequently limited its relevance to questions of political obligation. I argue here that a more permissive version of the principle, with fewer conditions on its application, will perform equally well in responding to Nozick's objections. This opens up the possibility of a theory of political obligation that relies more heavily on the principle of fairness than has previously been thought possible. (shrink)

In Partisanship and Political Liberalism in Diverse Societies I examine political parties and partisanship within the context of John Rawls’s theory of political liberalism. I argue that parties and partisanship are vital to Rawls’s political liberalism, since they offer a distinctive and crucial contribution to the process of public justification that is central to it, which combines the articulation of public reasons with the channelling into the public political realm of the particular values and conceptions (...) of the good emerging from parties’ specific constituencies. Furthermore, I argue, partisanship generates a special kind of political obligations, and this further contributes to state legitimacy under conditions of reasonable pluralism. In this paper, I respond to three commentators who have raised important criticisms against my argument. More specifically, Section 1 provides a response to Lea Ypi’s argument that my normative account of partisanship wrongly presupposes that existing liberal societies are reasonably just. Section 2 answers Daniel Weinstock’s concerns regarding the plausibility and internal consistency of my account of partisan political obligations. Finally, Section 3 addresses Kevin Vallier’s criticisms, which challenge my account of public reason and propose an alternative one. (shrink)

Political obligation is concerned with the clash between the individual’s claim to self-governance and the right of the state to claim obedience. It is a central and ancient problem in political philosophy. In this authoritative introduction, Dudley Knowles frames the problem of obligation in terms of the duties citizens have to the state and each other. Drawing on a wide range of key works in political philosophy, from Thomas Hobbes, John Locke, David Hume and G. (...) W. F. Hegel to John Rawls, A. John Simmons, Joseph Raz and Ronald Dworkin, Political Obligation: A Critical Introduction is an ideal starting point for those coming to the topic for the first time, as well as being an original and distinctive contribution to the literature. Knowles distinguishes the philosophical problem of obligation - which types of argument may successfully ground the legitimacy of the state and the duties of citizens - from the political problem of obligation - whether successful arguments apply to the actual citizens of particular states. Against the anarchist and modern skeptics, Knowles claims that a plurality of arguments promise success when carefully formulated and defended, and discusses in turn ancient and modern theories of social contract and consent, fairness and gratitude, utilitarianism, justice and a Samaritan duty of care for others. Against modern communitarians, he defends a distinctive liberalism: ‘the state proposes, the citizen disposes’. (shrink)

First published in 1990. The individual's obligation to obey the law, the state and the government is a fundamental part of contemporary political theory. The contributors to this volume, drawn from a variety of disciplines including philosophy, political science and law, take a fresh look at the dilemmas of political obligation. They discuss the extent to which we should allow the need for conformity to override individual liberties, and ask whether individualism is indeed feasible without (...) a highly developed sense of the 'public interest' or the 'common good'. The contrast between individualism and communitarianism is examined throughout the book. The contributors also look at the various means through which the state can coerce or persuade the individual to be obedient. The emphasis throughout this collection is on the substantive problems themselves, rather than on the way these issues have been addressed in the history of political thought. The book offers a number of different perspectives on political obligation, and will be valuable to students of moral, political, social and legal philosophy. (shrink)

The example of a political leader who has to decide whether he would allow the torture of a suspect in order to get information about a ticking bomb has become notorious in ethical discussions concerning the tension between moral principles and political necessity. The relation between these notions must be made as clear as possible before a sincere moral evaluation of ticking bomb situations can be given. The first section of this article considers whether the concept of (...) class='Hi'>political obligation is different from moral and legal obligations or whether it is a special kind of moral obligation. In the second section, the idea that the dirty hands problem confronts us with the ambiguities of moral life is rejected because it would imply an untenable moral paradox. The thesis that is developed is, namely, if there is such a thing as political necessity, it must be some form of moral obligation. The third section analyses the concept of political necessity and concludes that it cannot overrule basic moral principles and that the international legal prohibition of torture must be considered to be a categorical imperative. In the last section, these ideas concerning political and moral necessity are brought in against the defence of torture, which should be tolerated in the ‘War on Terror’. There it will be argued that the use of the ticking bomb argument not only supports a highly hypocrite political practice but is also deceptive as a moral and political argument. (shrink)

This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of (...) preempting the citizen‟s liberty to reciprocate fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko‟s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact (...) that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

Why obey the state? Dorota Mokrosińska presents a fresh analysis of the most influential theories of political obligation and develops a novel approach to this foundational problem of political philosophy, an intriguing combination of the elements of natural duty and associative theories. The theory of political obligation developed in the book extends the scope of the contemporary debate on political obligation by arguing that political obligation can be binding even under the (...) jurisdiction of unjust states. The arguments pursued in the book are illustrated with the results of sociological research concerning the reasons that governed people's attitudes to the authoritarian communist regimes in East Europe viz. communist Poland. This book provides the first detailed argument of how a theory of political obligation can apply to subjects of an unjust state. (shrink)

This article adopts the framework set out in ‘Associative Political Obligations’ to ask two further questions about the theory of associative political obligation. (i) Which of the different interpretations of the theory of associative political obligation is most plausible? And (ii) what would be the implications of such a view? It is argued that (i) the most attractive version of the argument is one according to which such obligations obtain only in morally acceptable communities, and (...) only between what may be called ‘thick’ members. And (ii) that such a theory should give up on at least some of the conclusions that associativist theorists have tried to defend, such as that associative political obligations can establish the legitimacy of states. However, it is also suggested that this should not be considered a regrettable retreat. (shrink)

The concept of political obligation has not attracted much attention within Heideggerian scholarship. In this paper, we identify and explicate Heidegger’s conception of political obligation embedded in his pre-Kehre works. It will be argued that Heidegger’s magnum opus Being and Time and his address as Rector of Freiburg contain a latent associative account of political obligation. We argue that the ontological framework disclosed in Being and Time and the more concrete policy prescriptions of the (...) Rectoral Address reveal a communitarian ethos which animates the early Heideggerian canon and grounds his account of political obligation. For Heidegger, Dasein must be connected to a particular community’s ontological heritage in order to delimit its ontical possibilities in concrete situations. It will be argued that this relationship between ontological heritage and ontical possibilities is what defines political obligation for Heidegger. (shrink)

Do we have any obligations to our political society? If so, how should they be understood and explained? Political philosophers since Socrates have grappled with these questions, and have reached a diverse range of conclusions.

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...) instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral (...) normativity. The theory of political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

This paper examines the claim that justice is necessary for a moral obligation to obey the law. By reflecting on the meaning of obedience, it identifies one version of the claim that must be right and another that must be wrong. It then focuses on the argument for a moral obligation to obey the law that most obviously includes the claim: John Rawls’s argument from the natural duty of justice. More specifically, it focuses on the degree of justice (...) that is needed for this duty to ground a moral obligation to obey the law. (shrink)

The prelims comprise: The Basic Concepts The Philosophical Problem Brief History Socrates and the Three Strategies Particularity and Natural Duty Accounts Associative Accounts Transactional Accounts Pluralist and Anarchist Responses Bibliography.

This and the following chapters explore the ‘self-image of the state’ in regard to political obligations through analysis of judicial decisions. Examining the reasons that states themselves provide to justify political obligations provides an empirical test of normative theories. Although judicial decisions have no claim to moral truth, the fact that justices regularly argue from certain principles rather than others adds to the plausibility of a theory based on the former and increases the burden of justification for proponents (...) of other principles. Supreme Court justices usually defend their opinions on the basis of statutory or constitutional interpretation and seldom appeal directly to moral principles. However, on occasion they do invoke moral principles to support their opinions, especially in difficult cases. Justices of the US Supreme Court consistently ground obligations on protection that individuals receive from society. The most likely basis of these ‘reciprocal obligations’ is a principle of fairness, as expressed most notably in Arver v. U.S., the most important of the 'Selective Draft Law Cases'. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian (...) arguments (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

The subject of this chapter is Hobbes’s theory of political obligation. The discussion focuses exclusively on the exposition of the theory in Leviathan. While commentators agree on the basic theme of Hobbes’s theory, that people become obligated to obey a sovereign through the covenants they make either to each other or to the sovereign, they disagree on what Hobbes took to be the grounds of this obligation. Some commentators hold that Hobbes bases the obligation on the (...) third law of nature, which they take to be a command of God’s and therefore universally obligatory. Others deny that any of the laws of nature are obligatory before the formation of a commonwealth and hold, instead, that Hobbes regarded the covenants people make either with each other or to the sovereign as alone sufficient to create an obligation to obey the sovereign. The chapter reviews these two interpretations and assesses their strengths and weaknesses. (shrink)

This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available. This theory is then extended into a developed 'multiple principle' theory of obligation.

In Playing Fair, Richard Dagger provides a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. Dagger argues that members of a just polity have an obligation to obey its laws because they have an obligation of reciprocity or fair play to one another.

Natural duty theorists of political obligation try to base a moral duty to obey the law on some natural duty, such as the duty to promote justice. Their critics say they confront an insurmountable obstacle in the particularity problem: Since natural duties do not bind us to some persons and institutions more strongly than to others, they cannot support a duty to one particular state or society. I solve the particularity problem, by developing a version of the (...) class='Hi'>political obligation thesis, giving a natural duty argument for it and showing that the particularity problem does not arise for the argument. I reply to some likely objections to my view. (shrink)

This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such (...) views struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment 's permissibility follows more straightforwardly from the fair play view of political obligation: Specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment. (shrink)

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation (...) in a special kind of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

"Under what conditions are obedience and disobedience required or justified? To what or whom is obedience or disobedience owed? What are the differences between authority and power and between legitimate and illegitimate government? What is the relationship between having an obligation and having freedom to act? What are the similarities and differences among political, legal, and moral obligations?..." Originally published in 1972, Professor Flathman discusses these crucial issues in political theory in a lucid and stimulating argument. Though (...) mainly concerned to develop his own modified utilitarian standing point he also reviews both the classical and modern literature from Plato and Hobbes to Hare and Rawls. The treatment is philosophical but it is frequently related to practical issues of civil obedience and disobedience and in particular focuses on the relation between law, obligation and social change. (shrink)

Analyses Green's rather obscure treatment of two important questions: ‘Why does a subject have the duty to obey the ruler or sovereign?’; and ‘Why is the receipt of an order backed by a threat sufficient to establish this duty when the order comes from a ruler?’ Prichard considers Green's position regarding the grounds and justification for obedience to law to be part of a larger theory of moral obligation that is inconsistent with our ordinary moral ideas. To Green's seeming (...) denial of the existence of any natural rights or duties, Prichard responds that Green in fact has failed to state a sense in which there really are natural rights and obligations. Moreover, Green's denial that we can answer the question ‘Why ought we to obey the government?’ can be formulated only by maintaining the existence of an obligation independent of our government's commands. The core of truth in Green's position, according to Prichard, lies in his recognition that a factor necessary to secure obedience is the subject's unselfish interest in the welfare of other members of her community. (shrink)

George Klosko rejects the standard assumption that political obligations, at least insofar as they are conceived as moral requirements to obey the law, must be content-independent. He thereby neglects the familiar distinction between obedience to and mere compliance with legal norms. The present article insists on this distinction by identifying a plausible alternative to the understanding of content-independence that Klosko correctly, even if not for the most obvious reason, dismisses and mistakenly, though not unreasonably, attributes to several philosophers with (...) whose work it is actually incompatible. Given Klosko’s failure to examine this further option, which is consistent with nearly all, including skeptical, theories of political obligation, his case against the necessity of content-independence must be deemed unsuccessful. (shrink)

P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The (...) price for this, however, is that his approach has little to do with political obligation and the particularity problem as discussed in the literature. (shrink)

Aristotle’s philosophy of law does not make sense if read as a plea for, or as taking for granted, unconditional political obligation. To be sure, he subscribes to the view that some unjust laws are to be put up with in the face of the consequences of disobedience for the common good. But this should not prevent us from seeing that Aristotle does defend the view not only that government is limited but also that there is a right (...) of resistance against oppression. Aristotle’s discussion of citizenship in terms of parts and wholes, Spartan constitutional law, and tyranny reveals that he is more than willing to acknowledge that, in some cases, the very failure of political authority in fulfilling its morally justified tasks releases citizens from their duty to obey the government. (shrink)

Much has been written about Locke 's Second Treatise,[Note 1] but still, I believe, the book's main line of argument has been left unclear. Some concepts need more prominence---the duty to preserve mankind, the right of war, and private judgment; others need less---consent, majority rule, and property. Locke 's aim was not to show that political obligation rests upon consent: that is assumed without argument.[Note 2] What he set out to prove is that there are certain limits to (...) political obligation which not even consent could set aside.[Note 3]. (shrink)

In this paper I offer a limited defence of “fairness” or “fair play” arguments for political obligation by focussing on one important critique of such arguments, that offered by A. John Simmons. I isolate Simmons's concentration on the idea of “accepting” benefits and argue that, among other difficulties, his criteria for when we can be said to accept a benefit from our political communities are too restrictive. While the scope of the discussion is narrow, I try to (...) sketch ways in which the failings of Simmons's critique are symptomatic of deeper problems with his libertarian approach. S. Afr. J. Philos. Vol.23(3) 2004: 282-291. (shrink)

This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such (...) as Plato, Augustine, Aquinas, Hobbes, Locke, Hume, Rousseau, Thoreau, Bentham, Marx and Engels, and Martin Luther King, Jr. These classical discussions are augmented by critical questions and commentary, by independent discussions of the question of legal obligation by a wide range of contemporary writers, and by relevant judicial cases discussing matters such as conscientious objection and civil disobedience. (shrink)

This thesis addresses one of the central questions in political philosophy, the question of political obligation why people have a duty to support the political institutions of their countries. The traditional and dominant answer to this question is voluntarism, which claims that people have such a duty because they have consented to the ruling of their states. The thesis systematically refutes this voluntarist approach, criticizes some of today's leading non-voluntarist alternatives to the voluntarist one, and advances (...) a new way of looking at the problem, which is derived from a transcendental argument. (shrink)