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209 - Soper, Philip

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Published online by Cambridge University Press:  05 February 2015

Jon Mandle
Affiliation:
State University of New York, Albany
David A. Reidy
Affiliation:
University of Tennessee, Knoxville
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Summary

Philip Soper (b. 1942) is an American legal and moral philosopher. In A Theory of Law (1984), Soper develops novel accounts of the law’s normative force and of political obligation. Rawls draws on this work in his accounts of the common good idea of justice and legal systems in decent societies (CP 545, 546; LP 66, 67, 72; PL 109).

Soper argues that the law has normative force only when public officials sincerely believe the law serves justice or the common good. When officials sincerely believe the law does this for all, citizens have reason to respect it. This is so, even when any citizen might reasonably reject the official conception of justice or the common good as suboptimal or wrong-headed. This respect for the law amounts to a duty to defer when officials enforce the law.

Rawls does not define legal systems, but follows Soper as to when and how legal systems impose bona fide duties and obligations (LP 65–66). Like Soper, he holds that officials must be willing to defend, publicly and in good faith, laws requiring or forbidding conduct (LP 67). For Rawls, this means officials must reasonably see their law as consistent with their common good conception of justice.

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Publisher: Cambridge University Press
Print publication year: 2014

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  • Soper, Philip
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.210
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  • Soper, Philip
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.210
Available formats
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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.

  • Soper, Philip
  • Edited by Jon Mandle, State University of New York, Albany, David A. Reidy, University of Tennessee, Knoxville
  • Book: The Cambridge Rawls Lexicon
  • Online publication: 05 February 2015
  • Chapter DOI: https://doi.org/10.1017/CBO9781139026741.210
Available formats
×