The Moral Limits of Law
Obedience, Respect, and Legitimacy
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Product details:
- Publisher OUP Oxford
- Date of Publication 6 May 2004
- ISBN 9780199265671
- Binding Hardback
- No. of pages296 pages
- Size 242x164x21 mm
- Weight 602 g
- Language English 0
Categories
Short description:
The Moral Limits of Law analyses the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Incorporating a comprehensive critical analysis of the methodology and substance of these debates in legal, political, and moral philosophy, it proposes an original theory of duty grounded in respect for persons, which accommodates the contemporary social tension between local and global obligations.
MoreLong description:
The Moral Limits of Law analyses the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus the interaction of legal and moral obligations and the legitimacy of state authority.
This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations.
There is much of value in this volume for the philosopher trying to understand the nature of the obligation to obey the law within the modern polity. The extended discussions of theorists such as Dworkin, Green, Soper and Rawls in the later chapters are insightful and useful. Higgins manages to produce a fascinating and provoking account of obedience...
Table of Contents:
Preface
The Problem of Conscientious Obedience
Respect for Persons and Law
Consent, Residence, and the Democratic Voice
Community, Identity, and Joint Commitment
The Burdens of Benefit
Benevolence and Gratitude
The Implications of Respect
Bibliography
Index
