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OBEYING THE LAW

Legal Theory, ISSN: 1469-8048, Vol: 24, Issue: 3, Page: 191-215
2018
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Article Description

What is it to obey the law? What is it to disobey? Philosophers have paid little attention to these questions. Yet the concepts of obedience and disobedience have long grounded many perennial debates in moral, legal, and political philosophy. In this essay, I develop systematic accounts of each concept. The Standard View of obedience - that to obey the law is to act for a certain sort of reason provided by the law - has long been taken for granted. I argue against this and other views of obedience, and develop an account of the knowledge and intention required in acts of obedience. I then develop a symmetrical account of the disobedience involved in acts of civil disobedience. The purpose of the essay is to develop a more systematic understanding of these concepts, in order to identify more precisely what is at stake in debates of political obligation, civil disobedience, and the authority of law.

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