Fairness Theory of Political Obligation

Core Idea

The fairness theory posits that citizens have a political obligation to obey the law because they are part of a mutually beneficial and fair cooperative enterprise. This theory grounds political obligation in the idea of fairness derived from participation in such schemes.

Basic Statement: Citizens are part of cooperative enterprises that are mutually beneficial and fair. Due to their participation, they are obligated to obey the rules of these enterprises.

Washing Up Scheme Analogy

To illustrate, consider a washing up scheme in a shared house:

Scenario: Seven housemates, each assigned a day for washing up.
Obligation: If it's your assigned day (e.g., Sunday), you are obligated to wash up.
Justification: The obligation arises from being part of a fair cooperative scheme where doing your part (washing up) is necessary for the scheme's continuation.

Comparison with Benefit Theory

The fairness theory shares similarities with the benefit theory but differs in a crucial aspect:

Difference: The fairness theory applies only to benefits delivered through mutually beneficial cooperative schemes.
Implication: It explains why there is no obligation to obey corrupt or unjust states, even if they provide some benefits, as such states are not based on fair, just, cooperative schemes.

Weaknesses of Fairness Theory

There are notable objections to the fairness theory as a basis for political obligation:

Voluntary Participation

Objection: Obligation-generating cooperative schemes usually require voluntary participation. In the washing-up scheme, individuals consent to take part.
Contrast with States: States differ significantly because individuals are born into them without a choice, and leaving the state is often restricted.

Membership

A significant challenge to the fairness theory is that it may not be applicable to states.
Obligation-generating cooperative schemes necessitate active participation, whereas state membership is automatic at birth.

Overall Assessment

Several theories exist to address the problem of political obligation, each with merits and potential rebuttals to objections. If no theory of political obligation were correct, there will be certain consequences. Other theories of political obligation should also be considered.

Note