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The Morality of Obeying the Law


ISBN13: 9781509972333
To be Published: January 2030
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2024)
Price: £41.99
Hardback edition not yet published, ISBN13 9781509935949



This book suggests a new direction for the old and lately vigorous debate about whether there is a moral obligation to obey the law. It argues that the imposition of unnecessary conditions has misdirected the search for such an obligation. These conditions matter – they favour some arguments over others – and they ought not to be accepted without adequate justification.

The book starts by asking what must be established by an argument for a moral obligation to obey the law. It asks what follows from a moral obligation to obey the law being a moral obligation. It then asks what follows from a moral obligation to obey the law being a species of political obligation. Finally, it asks what follows from a moral obligation to obey the law being an obligation to obey.

Having identified the conditions to be satisfied, the book considers three arguments. Two of these arguments – the argument from consent and the argument from the natural duty of justice – are more promising than is often thought. The third – the argument from membership – is doubted.

Subjects:
Jurisprudence
Contents:
1. Introduction
2. Moral Obligation
3. Political Obligation
4. Obedience
5. Consent
6. The Natural Duty of Justice
7. Membership
8. Conclusion