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8 - Conclusions

Published online by Cambridge University Press:  05 June 2012

Christopher Wellman
Affiliation:
Georgia State University
John Simmons
Affiliation:
University of Virginia
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Summary

I have discussed the principal variants of Natural Duty theories of the duty to obey the law that are being defended by contemporary political and legal philosophers/theorists. But the influence of this family of theories in fact appears to extend well beyond the self-proclaimed family members. Many theories of the duty to obey that are presented by their defenders in Associative or Transactional language seem in actuality to rest more heavily on Natural Duty foundations. Let me note here just two prominent recent examples of this tendency. The best-known recent defense of an (allegedly) Associative account of the duty to obey – namely, Dworkin's – appears to justify its support for the moral force of Associative ties precisely by appealing (non-Associatively) to a “natural duty” that we have “to honor our responsibilities under social practices that define groups and attach special responsibilities to membership.” Similarly, George Klosko's prominent recent defense of a fairness theory of obligatory obedience (which purports to be a Transactional reciprocation theory [to use my classifications]) seems actually to be far less concerned with fairness, properly understood, than with the needs of those who depend on the public goods states provide. It is the value or importance of these public goods (their “presumptive” status) – and some unacknowledged natural duty to help make them generally available in our society – that seems to ground required obedience in Klosko's theory, not (as should be the case if fairness is really the issue) our acceptance of benefits, our free participation in a genuinely cooperative scheme, or the ways in which refusal to obey would take advantage of others.

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Conclusions
  • Christopher Wellman, Georgia State University, John Simmons, University of Virginia
  • Book: Is There a Duty to Obey the Law?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511809286.009
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  • Conclusions
  • Christopher Wellman, Georgia State University, John Simmons, University of Virginia
  • Book: Is There a Duty to Obey the Law?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511809286.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusions
  • Christopher Wellman, Georgia State University, John Simmons, University of Virginia
  • Book: Is There a Duty to Obey the Law?
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511809286.009
Available formats
×