Political Obligation and Obedience to the Law

Introduction to Political Obligation

Lecturer

• Guy Fletcher, lecturer in philosophy at the University of Edinburgh.

Topic

• The question of whether there is an obligation to obey the law.

Political Philosophy

• Examines philosophical questions about the relations between states and between states and their citizens.

Lecture Plan

• Part 1: Introduce the problem of political obligation.
• Part 2: Examine some possible solutions to that problem.
• Part 3: Explain the consequences if that problem can't be solved.

Part 1: The Problem of Political Obligation

State Demands

• States make demands, such as paying taxes, providing information, doing jury duty, and fighting in wars.
• These demands are imposed through laws.

Central Question

• Do citizens have an obligation to obey the states and their laws?

Problem Defined

• Political obligation is the attempt to explain why we have an obligation to obey the states and its laws.

Elements to Understand

• What it is to obey something and what it is to obey the law.
• The grounds of political obligation.

Obeying the Law

Distinction

• Obeying the law is not the same as complying with the law.
• Having an obligation to obey the law is not the same as having an obligation to comply with the law.

Compliance

• Acting in accordance with the law is sufficient to comply with the law.
• Example: Paying income tax.

Obedience

• To obey the law, you must act in accordance with it because it is the law.
• Example: Paying income tax only to avoid punishment is compliance, not obedience.

Obligations to Comply vs. Obey

• It's easier to have obligations to comply with the law than to obey it.
• Obligations to comply arise from the effects of breaking those laws.

Moral Obligation

• If income taxes support vital services, there is a moral obligation to pay them (compliance).
• If family requires support, there is an obligation to comply to stay out of prison and provide for them.

Problematic States

• Example: Nazi Germany.
• Citizens may have reasons to comply with the law due to potential harm to themselves and their families.
• However, the laws of a problematic state may not be legitimate, and citizens may not have an obligation to obey them.
• Citizens don't have to act in accordance with the law because the law commands it.

Summary

• Complying with the law: doing what the law commands.
• Obeying the law: doing what the law commands because it commands it.
• Obligation to obey: acting in accordance with the law because the law commands it, which is central to the problem of political obligation.