I then inquire which of these elements are essential for any idea of legitimate government and suggest that the duty to obey is not among them. Unless the gambler could show an unacceptable motive for his own prosecution, such as his race or unpopular ideas, he would almost certainly lose. Moral philosophy is notably inept in indicating precisely how competing moral claims should be resolved; and the infinite variety of moral claims to disobey the law makes impossible any attempt to essay even tentative resolutions for each possible conflict. Much of this book consists of my own moral appraisals of how citizens and the government should regard claims made on them. One instance of legitimate and coercive practical authority that is not accompanied by an obligation to obey arises in the relationship between parents and very young children. For those reasons, the power of the oath does not lessen over the term of office; and the oath should reasonably be understood as covering compliance with all official legal duties. About this Item: Oxford University Press, 1976.
Asserted conflicts with international law do sometimes underlie claims of domestic invalidity, although the traditional practice has been that such conflicts do not affect the internal validity of laws adopted within a country. As creatures of habit and sentiment, human beings put the interests of themselves and loved ones ahead of the interests of others. However social morality is divided from such normative social institutions as etiquette, the factors that people weigh in considering trivial choices often closely resemble those touching graver concerns. In some kinds of choices, people do not think in terms of the interests of others, they are not expected to think in those terms, and it would be undesirable for them to do so. If I can save the baby only by breaking a promise, I morally ought to do the act that will fail to satisfy my moral obligation. Any conclusion that the stronger form of ultimacy is, in fact, characteristic must be based on claims presently and historically made by legal systems. I shall assume that the choice facing a soldier or prospective juror or witness is not so disturbing that he is rendered incapable of rational choice; the person deliberately chooses to take the oath.
Similar efforts by other partners will be inappropriate. The moral reasons to comply with law include reasons independent of it for doing what the law requires e. Utilitarianism: Consequential Reasons for Obedience 94 7. Nevertheless, a brief summary of relevant ethical positions may help to clarify what follows. An argument could be made, however, that the hypocrisy in the first culture is so bad morally that people should combat it by being completely honest.
One can sensibly distinguish a proper government from a band of robbers without conceding a duty to obey the government. John takes as a starting premise of Christian morality that one should love one's neighbor as oneself and regards each failure to live by this principle as falling into sin; he regards Chris's pursuit of his own slight interest at the cost of Alex's much greater interest as a moral wrong from the Christian point of view. The steps from this premise to a conclusion about implied consent, however, are strained. Professor Hyland also serves a critique of the dominant method in the field, which is a form of functionalism based on what is called the praesumptio similitudinis, namely the axiom that, once legal doctrine is stripped away, developed legal systems tend to reach similar practical results. That task is far beyond this study's scope. I accept the prevailing view that moral statements are not so reducible.
This collection of essays, contributed by friends and colleagues of Barry Nicholas, is a Festschrift to mark the occasion of his 70th birthday, and it is also an important contribution to the study of a specific area of Roman Law. The subject of Chapter 2 is significantly related to the discussion here. The marriage contract is a striking example; one whose spouse suffers a debilitating physical illness that drastically alters a relationship cannot plausibly say the marriage promise did not cover this contingency. Strong reasons support the admission of some prospective residents, such as spouses of citizens and those who have cooperated with war efforts of the government; and it may be, as Michael Walzer suggests, that a healthy political order should permit most permanent alien residents to become citizens. I had the good fortune to be the student of four great teachers of political and legal philosophy: J. A cceptable Breaches of Legal Duty Discussions of obligation to obey the law of the state commonly have in view serious criminal law provisions that are actively enforced.
Anyone wishing to deny this conclusion must employ substantive arguments, not rely on implications of the concept of legitimate authority. To implement these principles, the emigrants agree that legislators will be chosen from people living on Mars, but that to ensure impartiality and secularity of administration, their high executive officers and leading judges will be brought from Earth. Various senses of authority are perceptively explored in Raz, Authority and Consent, 67 Va. If we vary some assumptions in the illustration, deciding whether the law demands that people refrain from private gambling would be more difficult. Category: Law Author : Elizabeth A. Clear examples of this special sense of authority are authority over zoo animals or parks. Quite possibly, however, compelled undertakings have less effect than undertakings given under freer conditions.
As the law of contracts suggests, a promise may lack moral force because of the conditions in which it is given or because of some defect in its terms. The appraiser who thinks an act wrong under a correct moral view but right under the actor's moral view may believe that one valid moral principle is that people should do what they think is right. When a tired spouse deliberates whether or not to offer to wash the dishes, considerations of self-concern and self-sacrifice, fairness, love, and the spouse's welfare flit through his mind. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. For the purposes of this study, we may largely disregard possible assertions that a violation of international law renders the law of one's own country invalid,4 roughly assuming that the highest norms of a country's law will recognize no norms that are superior to it. A middle course between the law's really demanding behavior and meaning to leave it untouched is of some interest.
Moral Claims and Moral Appraisal 43 12. For all enquiries, please contact Herb Tandree Philosophy Books directly - customer service is our primary goal. Some civil wrongs are set very broadly, however, much like the hypothetical criminal statute against gambling. Some conclusions may be drawn from the logic of moral language, though I am deeply skeptical that many controversial moral conclusions can be so derived. Illustration 4-2: Doris, a sixteen-year-old, thinks the following: My parents can tell me to do things that no one else can tell me to do.
People recognize that the obligation of a promise may be overridden, so when they make one they implicitly acknowledge that something may require them to break it. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. This edition contains additional material. For many years All Souls Reader in Roman Law, and then Professor of Comparative Law in the University of Oxford, he retires this year after more than 10 years as Principal of Brasenose College. My notes largely reflect the authors from whom I have learned the most, although others are not cited who have deeply influenced my thinking in ways that leave me no longer aware of precise contributions. Delict and quasi- delict : Introduction : Crime and delict ; Penal character of delictal actions ; The classification of the institutes -- Furtum and rapina : Archaic features ; What constitutes furtum ; The plaintiff ; Reipersecutory actions ; Rapina -- Iniuria : Classical scope of the delict ; Earlier development ; Penal character -- Damnum iniuria datum : Lex Aquilia ; Essential elements of the delict -- Praetorian delicts -- Noxal liability : Noxal surrender ; Damage by animals -- Quasi- delict -- Modern law : Civil law ; Common law.
This possibility can arise only if general moral reasons in favor of obedience do not apply to some legal duties. The existence of police discretion is, as Chapter 15 indicates, somewhat more controversial. For my purposes, this usage is more helpful than limiting supererogation to especially praiseworthy acts. Whether or not others loosely assume that a voter is willing to be bound, they do not rely on that assumption in their own lives. One can imagine citizens being required by law to shun people who perform certain sorts of wrongful acts without the interposition of any legal process for determining the guilt of the wrongdoers. The governed should not interfere with the exercise of force by those with authority.