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Political And Legal Obligation
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Book Synopsis Political and Legal Obligation by : J. Roland Pennock
Download or read book Political and Legal Obligation written by J. Roland Pennock and published by Routledge. This book was released on 2017-07-12 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of definitions that denies the very existence of obligation. While the second essay disagreeing particularly with respect to the relationship of political to moral tenets, and the third discussing the highly complex interplay between law and morality. The following essay approaches obligation as existing in the context of an established political and legal system and stresses the importance of evaluating the negative consequences of challenges to the law as well as those arising from the absence of challenges. The next paper maintains that political obligation is so complex that its very existence depends upon rational deliberation in particular contexts. The fifth, explores four significant theories but accepts only the one based on the broadest definition of obligation. While the final essay in this part considers political obligation a unique and generalized moral obligation. Part II takes up the conditions of obligation and of obedience. The first essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to empirical proof that behavior is or is not motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The forth essay is a case study of Rome probes the role of obligation during that city's seven cent
Book Synopsis Political And Legal Obligation by : James Roland Pennock
Download or read book Political And Legal Obligation written by James Roland Pennock and published by Transaction Publishers. This book was released on with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question, offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of defi nitions that denies the very existence of obligation. The second essay disagrees particularly with respect to the relationship of political to moral tenets, and the third discusses the highly complex interplay between law and morality. Part II takes up the conditions of obligation and of obedience. The fi rst essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to the empirical proof that behavior is, or is not, motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The fourth essay is a case study of Rome, probing the role of obligation during that citys seven centuries of existence without a police force, and the ultimate breakdown of the system. Part III highlights ethical considerations that arise out of civil disobedience. The first essay proposes a rather restrictive defi nition of civil disobedience, and then embarks on a surprising examination of this subject in the light of the traditional arguments for "just war." Following that, is a broader examination of disobedience, emphasizing a contextual approach and applying, as a test, the likelihood of public good that will result from disobedience. Scholars and students in the areas of law, philosophy, and political science will find this volume a vital addition to their libraries.
Book Synopsis On Political Obligation by : Paul Harris
Download or read book On Political Obligation written by Paul Harris and published by Routledge. This book was released on 2019-11-19 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1990. The individual’s obligation to obey the law, the state and the government is a fundamental part of contemporary political theory. The contributors to this volume, drawn from a variety of disciplines including philosophy, political science and law, take a fresh look at the dilemmas of political obligation. They discuss the extent to which we should allow the need for conformity to override individual liberties, and ask whether individualism is indeed feasible without a highly developed sense of the ‘public interest’ or the ‘common good‘. The contrast between individualism and communitarianism is examined throughout the book. The contributors also look at the various means through which the state can coerce or persuade the individual to be obedient. The emphasis throughout this collection is on the substantive problems themselves, rather than on the way these issues have been addressed in the history of political thought. The book offers a number of different perspectives on political obligation, and will be valuable to students of moral, political, social and legal philosophy.
Book Synopsis Political Obligation by : Richard E. Flathman
Download or read book Political Obligation written by Richard E. Flathman and published by Routledge. This book was released on 2019-11-19 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Under what conditions are obedience and disobedience required or justified? To what or whom is obedience or disobedience owed? What are the differences between authority and power and between legitimate and illegitimate government? What is the relationship between having an obligation and having freedom to act? What are the similarities and differences among political, legal, and moral obligations?..." Originally published in 1972, Professor Flathman discusses these crucial issues in political theory in a lucid and stimulating argument. Though mainly concerned to develop his own modified utilitarian standing point he also reviews both the classical and modern literature from Plato and Hobbes to Hare and Rawls. The treatment is philosophical but it is frequently related to practical issues of civil obedience and disobedience and in particular focuses on the relation between law, obligation and social change.
Book Synopsis Contemporary Perspectives on Legal Obligation by : Stefano Bertea
Download or read book Contemporary Perspectives on Legal Obligation written by Stefano Bertea and published by Routledge. This book was released on 2020-07-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.
Book Synopsis The Principle of Fairness and Political Obligation by : George Klosko
Download or read book The Principle of Fairness and Political Obligation written by George Klosko and published by Rowman & Littlefield Publishers. This book was released on 2004-01-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Principle of Fairness and Political Obligation, George Klosko presents the first book-length treatment of political obligation grounded in the premises of liberal political theory. In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.
Book Synopsis Political Obligation by : Thomas McPherson
Download or read book Political Obligation written by Thomas McPherson and published by . This book was released on 1968 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Theory of Political Obligation by : Margaret Gilbert
Download or read book A Theory of Political Obligation written by Margaret Gilbert and published by Oxford University Press on Demand. This book was released on 2006-05-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.
Book Synopsis Moral Principles and Political Obligations by : A. John Simmons
Download or read book Moral Principles and Political Obligations written by A. John Simmons and published by Princeton University Press. This book was released on 1981-09-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons (if any), he asks, are we morally bound to obey the law and support the political institutions of our countries?
Book Synopsis Political Authority and Obligation in Aristotle by : Andres Rosler
Download or read book Political Authority and Obligation in Aristotle written by Andres Rosler and published by Oxford University Press on Demand. This book was released on 2005-03-03 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: to follow
Download or read book Obligations written by Scott Veitch and published by Routledge. This book was released on 2021-02-23 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Book Synopsis Lectures on the Principles of Political Obligation by : Thomas Hill Green
Download or read book Lectures on the Principles of Political Obligation written by Thomas Hill Green and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the first edition. Roscoe Pound recommended this book in The Study of American Law for its discussion of legal rights, powers, liberties, privileges and liabilities (38). Green [1836-1882], Professor of Moral Philosophy at Oxford University, was one of the most influential philosophers of the nineteenth and early twentieth centuries. Lectures on the Principles of Political Obligations is his most important work. Its object is to demonstrate, on the basis of his general moral philosophy, the ethical position of the state, in particular the extent to which moral authority is justifiable and obedience to law morally obligatory. Extracted from Volume II of The Works of Thomas Hill Green (1885), it went on to become a standard textbook on political theory in Great Britain and the United States. A durable work, it is still cited today.
Book Synopsis Is There a Duty to Obey the Law? by : Christopher Wellman
Download or read book Is There a Duty to Obey the Law? written by Christopher Wellman and published by Cambridge University Press. This book was released on 2005-07-25 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. In this 2005 book, 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.
Download or read book Playing Fair written by Richard Dagger and published by Oxford University Press. This book was released on 2018 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book addresses two long-standing concerns of political and legal philosophy: the problems of political obligation and of punishment. Even though political obligation and punishment are often treated as independent topics and there are broad literatures on each, Richard Dagger sees them as closely related problems and attempts to resolve them together. Dagger first establishes the principle of fair play--the idea that citizens in a cooperative venture have obligations to each other to shoulder a fair share of the burdens because they receive a fair share of the benefits of cooperation--as the basis of political obligation. Dagger then argues that the members of a reasonably just polity have an obligation to obey its laws because they have an obligation of reciprocity or fair play to one another. This theory of political obligation then provides answers to fundamental and still debated questions about how to justify punishment, who has the right to carry it out, and how much to punish. He concludes by bringing the two concerns together to rebuke those who deny the possibility of a general obligation to obey the law, to defend the link between political authority and obligation, and to establish the proper scope of criminal law"--
Book Synopsis Understanding Political Ideas and Movements by : Kevin Harrison
Download or read book Understanding Political Ideas and Movements written by Kevin Harrison and published by Manchester University Press. This book was released on 2003-12-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underpinned by the work of major thinkers such as Marx, Locke, Weber, Hobbes and Foucault, the first half of the book looks at political concepts including: the state and sovereignty; the nation; democracy; representation and legitimacy; freedom; equiality and rights; obligation; and citizenship. There is also a specific chapter which addresses the role of ideology in the shaping of politics and society. The second half of the book addresses traditional theoretical subjects such as socialism, Marxism and nationalism, before moving on to more contemporary movements such as environmentalism, ecologism and feminism.
Book Synopsis Law, Obligation, Community by : Daniel Matthews
Download or read book Law, Obligation, Community written by Daniel Matthews and published by Routledge. This book was released on 2018-06-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
Book Synopsis Rethinking Obligation by : Nancy J. Hirschmann
Download or read book Rethinking Obligation written by Nancy J. Hirschmann and published by Cornell University Press. This book was released on 2018-08-06 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rethinking Obligation, Nancy J. Hirschmann provides an innovative analysis of liberal obligation theory that uses feminism as a theoretical method for rethinking political obligations from the bottom up. In articulating a feminist method for political theory, Hirschmann skillfully brings together theoretical categories and methods previously seen as opposed: feminist standpoint and postmodernism, gender psychology and anti-essentialism, empiricism and interpretivism. Rethinking Obligation mounts a vital challenge to central aspects of liberal theory. Students and scholars of political philosophy, political theory, feminist theory, and women’s studies will want to read it.
