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The Duty to Obey the Law
Article first published online: 12 OCT 2006
DOI: 10.1111/j.1747-9991.2006.00042.x
Additional Information
How to Cite
Lefkowitz, D. (2006), The Duty to Obey the Law. Philosophy Compass, 1: 571–598. doi: 10.1111/j.1747-9991.2006.00042.x
Publication History
- Issue published online: 12 OCT 2006
- Article first published online: 12 OCT 2006
- Philosophy Compass 1/6 (2006): 571–598, 10.1111/j.1747-9991.2006.00042.x
- Abstract
- Article
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- Cited By
Abstract
Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach that denies that most subjects of contemporary states have a duty to obey the law simply in virtue of its status as such.