2005
DOI: 10.1017/cbo9780511809286
|View full text |Cite
|
Sign up to set email alerts
|

Is There a Duty to Obey the Law?

Abstract: The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatri… Show more

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...
1
1
1

Citation Types

0
44
0
1

Year Published

2009
2009
2022
2022

Publication Types

Select...
4
3
2

Relationship

0
9

Authors

Journals

citations
Cited by 109 publications
(45 citation statements)
references
References 0 publications
0
44
0
1
Order By: Relevance
“…Thus, Associative theories are hung on the horns of a dilemma. They must either make claims that are counterintuitive and indefensible, or (once their claims are rendered plausible) they must collapse into some kind of non‐Associative theory (Wellman and Simmons, , p. 111).While we reject such a view, we think that there is a case to answer and that it may help, not only in forestalling such objections but also in understanding the associative theory better, to articulate more precisely how it differs from other theories of political obligation.…”
mentioning
confidence: 73%
See 1 more Smart Citation
“…Thus, Associative theories are hung on the horns of a dilemma. They must either make claims that are counterintuitive and indefensible, or (once their claims are rendered plausible) they must collapse into some kind of non‐Associative theory (Wellman and Simmons, , p. 111).While we reject such a view, we think that there is a case to answer and that it may help, not only in forestalling such objections but also in understanding the associative theory better, to articulate more precisely how it differs from other theories of political obligation.…”
mentioning
confidence: 73%
“…Thus, Associative theories are hung on the horns of a dilemma. They must either make claims that are counterintuitive and indefensible, or (once their claims are rendered plausible) they must collapse into some kind of non‐Associative theory (Wellman and Simmons, , p. 111).…”
mentioning
confidence: 99%
“…A long-standing issue in political theory is whether there is-in the words of Simmons (in Wellman & Simmons, 2005 : 93-94)-an "external, neutral moral duty (or obligation) to discharge the internal duties imposed by law." While people may obey laws proscribing burglary, armed robbery and shoplifting because they believe each of these acts is immoral, the more diffi cult question is whether there is ever a justifi ed contentfree duty to obey the law.…”
Section: A Philosophical Questionmentioning
confidence: 99%
“…Where we fail to do so, we contribute instead to what Estlund has called (in the same spirit as Shapiro and Christiano) “the tyranny of non‐consent” (Estlund ). In a similar vein, Kit Wellman tries to deal with the particularity problem by emphasizing the territorial nature of the social problem to which political authority is the unique solution: “Political instability is a coordination problem that must be solved territorially.” And because the relevant territories have distinct populations, “there is something about those in the relevant territory that singles them out as special” (Wellman and Simmons , 39). While Wellman's version of state of nature theory (like Estlund's) actually looks more Hobbesian than Kantian—and while the moral principle appealed to establish the obligation to accept political authority is one of obligatory “samaritanism” rather than a duty of justice or of “normative consent”—the boundary problem presents itself to his account (at its “second‐stage”) in the same way that it does for Kantian political philosophy .…”
Section: Arrogance and Urgencymentioning
confidence: 99%