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Vol 22 No 10 Oct/Nov 2017

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Is There a Duty to Obey the Law?


ISBN13: 9780521537841
ISBN: 0521537843
Published: October 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £21.99



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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. 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 compatriots from the perils of the state of nature.

Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.

Subjects:
Jurisprudence