11. Why obey the law?

2020 ◽  
pp. 325-331
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Claims ◽  
The Common ◽  
The Law

Do we have a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules simply because they are legal rules? What about obviously unfair or unjust laws? Or laws that impose unreasonable demands on us? The question of whether we have a duty to follow the demands of the law raises some fundamental issues regarding the nature of law and its moral claims. This chapter examines a number of possible reasons for obeying the law. It will examine the principal justifications for obedience: fair play, consent, the common good, and gratitude.

11. Why obey the law?

2017 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Moral Duty ◽  
Fair Play ◽  
Legal Rules ◽  
The Common Good ◽  
Moral Basis ◽  
The Common ◽  
The Law ◽  
Moral Philosophers

Is there a moral duty to obey the law? Do we, in other words, have a moral obligation to comply with legal rules solely because they are legal rules? This question is particularly demanding when we are faced with laws that are obviously unjust or unfair, or those laws that make irrational or unreasonable demands on us. This subject has long vexed legal and moral philosophers; this chapter examines what possible reasons there are for obeying the law. The moral basis of obedience may spring from one or more of the following four principal sources: fair play, consent, the common good, and gratitude. Each is briefly discussed.

FINNIS ON THE AUTHORITY OF LAW AND THE COMMON GOOD

Legal Theory ◽  
2013 ◽  
Vol 19 (1) ◽  
pp. 44-62 ◽  
Author(s):  
George Duke
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Final Section ◽  
Coordination Problems ◽  
The Common Good ◽  
Basic Goods ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Moral Difference

This paper seeks to elucidate the role played by the common good in John Finnis's arguments for a generic and presumptive moral obligation to obey the law.1Finnis's appeal to the common good constitutes a direct challenge to liberal and philosophical anarchist denials of a generic and presumptive obligation to obey the law.2It is questionable, however, whether Finnis has presented the strongest possible case for his position. In the first section I outline Finnis's account of the relationship between basic goods, the common good, and the authority of law. Section II demonstrates how Finnis's emphasis upon the instrumental nature of the common good leaves his position vulnerable to Joseph Raz's objections3that not all cases of law make a moral difference and that governmental authority is often unnecessary to resolve coordination problems. I argue that Raz's critique nonetheless fails adequately to address an alternative defense of the existence of a generic and presumptive obligation to obey the law, suggested by some passages in Finnis's work, according to which the common good is integral, rather than merely instrumental, to the good of individuals. In the final section I consider whether Finnis could strengthen his case for a generic and presumptive obligation to obey the law by adopting a more consistently robust—and hence also more contentious—account of the common good.

scholarly journals KHALWAT DALAM PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF

2019 ◽  
Vol 10 (2) ◽  
pp. 109-121
Author(s):  
Bukhari Bukhari
Keyword(s):  
Everyday Life ◽  
Common Good ◽  
Female Side ◽  
The Common Good ◽  
Bargaining Position ◽  
The Common ◽  
The Law

The existence of a man and woman who have no kinship so that it is lawful to marry her, in a lonely place without being ac companied by a mahram of the male or female side. This khalwat is a crime that is not subject to hudud punishment and kafarah punishment. This form of khalwat crime is included in the category of ta'zir finger whose number of punishment is not limited. In the Qur'an and Sunnah this khalwat act is highly reproached, but not clearly regulated in the Qur'an and Sunnah. So this act can be entered into the ta'zir group. All deeds that should (need) be forbidden to fulfill the common good (community). This prohibition must necessarily be made on the basis of community agreement / consensus in ways that are considered eligible. In North Aceh, the khalwat actors who are close to the power are hard to touch with the law, it is not surprising to all of us to remember that the law in this country is not yet the commander but the law is merely a bargaining position in everyday life.

International Business, Morality, and the Common Good

1992 ◽  
Vol 2 (1) ◽  
pp. 27-40 ◽  
Author(s):  
Manuel Velasquez
Keyword(s):  
Multinational Corporations ◽  
International Business ◽  
Greenhouse Effect ◽  
Moral Obligation ◽  
Common Good ◽  
Moral Obligations ◽  
The Common Good ◽  
International Environment ◽  
The Common ◽  
Business Morality

The author sets out a realist defense of the claim that in the absence of an international enforcement agency, multinational corporations operating in a competitive international environment cannot be said to have a moral obligation to contribute to the international common good, provided that interactions are nonrepetitive and provided effective signals of agent reliability are not possible. Examples of international common goods that meet these conditions are support of the global ozone layer and avoidance of the global greenhouse effect. Pointing out that the conclusion that multinationals have no moral obligations in these areas is deplorable, the author urges the establishment of an international enforcement agency.

scholarly journals Relevansi Penerapan ‘Iddah di Era Teknologi Modern

2018 ◽  
Vol 10 (1) ◽  
pp. 121-142
Author(s):  
Nurnazli Nurnazli
Keyword(s):  
Common Good ◽  
Science And Technology ◽  
Men And Women ◽  
The Common Good ◽  
Marriage Ceremony ◽  
The Common ◽  
The Law ◽  
Higher Purpose

The development of science and technology today is not a reason to remove the provisions about ‘iddah that has been set in the Qur'an and Sunnah. 'Illat law and the purpose of enactment of ‘iddah which has been discussed needs to be reviewed. ‘iddah not only to know the empty uterus of the fetus, self-introspection, condition and period of mourning, but there is a higher purpose, that is belief in Allah and honor the noble covenant at the marriage ceremony. The noble agreement is realized in the ijâb and qabûl between men and women guardians. Consequently, if the marriage breaks up either because of death or divorce, both sides must respect the agreement. They must be equally restricted with the ‘iddah way until the time set by Syar'i, especially for women whose existence is more glorified and also the aim of the law' ‘iddah is for the common good.

The Ethics of Voting

2012 ◽  
Author(s):  
Jason Brennan
Keyword(s):  
Moral Obligation ◽  
Common Good ◽  
Democratic Process ◽  
Economic Policies ◽  
Civic Duty ◽  
The Common Good ◽  
Self Interest ◽  
The Common ◽  
Right To Vote ◽  
The Right

Nothing is more integral to democracy than voting. Most people believe that every citizen has the civic duty or moral obligation to vote, that any sincere vote is morally acceptable, and that buying, selling, or trading votes is inherently wrong. This book challenges our fundamental assumptions about voting, revealing why it is not a duty for most citizens—in fact, it argues, many people owe it to the rest of us not to vote. Bad choices at the polls can result in unjust laws, needless wars, and calamitous economic policies. The book shows why voters have duties to make informed decisions in the voting booth, to base their decisions on sound evidence for what will create the best possible policies, and to promote the common good rather than their own self-interest. They must vote well—or not vote at all. This book explains why voting is not necessarily the best way for citizens to exercise their civic duty, and why some citizens need to stay away from the polls to protect the democratic process from their uninformed, irrational, or immoral votes. In a democracy, every citizen has the right to vote. This book reveals why sometimes it's best if they don't. In a new afterword, “How to Vote Well,” the book provides a practical guidebook for making well-informed, well-reasoned choices at the polls.

scholarly journals Práticas Parlamentares e Convenções Constitucionais

KPGT_dlutz_1 ◽  
2018 ◽  
Vol 31 (3) ◽  
pp. 532
Author(s):  
José Adércio Leite Sampaio
Keyword(s):  
Common Good ◽  
Dynamic Balance ◽  
Political Instability ◽  
Legal Rules ◽  
The Common Good ◽  
Constitutional Conventions ◽  
The Common ◽  
Power Arrangements

Práticas Parlamentares e Convenções Constitucionais Resumo: As práticas parlamentares desenvolvem um papel importante nas democracias modernas. Em suas diversas modalidades, praxe, precedente e convenções, elas são responsáveis pelo estabelecimento do equilíbrio dinâmico entre estabilidade e flexibilidade política e legislativa. Entre todas, as convenções constitucionais gozam de maior longevidade e grau de vinculação. Sua aplicação em Estados que adotam Constituições rígidas é polêmica. Entretanto, a literatura identifica sua presença em diversos deles, inclusive contra constitutionem. No Brasil, tanto as práticas em geral, quanto as convenções constitucionais em particular encontram especial obstáculo em se firmarem, em vista de da instabilidade política, da tendência à positivação das normas de costumes parlamentares e de arranjos partidários e interpoderes nem sempre inspirados no bem comum. Palavras-Chave: Convenções Constitucionais. Direito Parlamentar. Práticas Parlamentares. Práticas Políticas no Brasil. Parliamentary Practices and Constitutional Conventions Abstract: Parliamentary practices play a key role in modern democracies. In their various modalities, praxis, precedent and conventions, they are responsible for establishing the dynamic balance between political and legislative stability and flexibility. Among all, constitutional conventions enjoy greater longevity and degree of attachment. Its application in States that adopt rigid Constitutions is controversial. However, the literature identifies their presence in several of them, even contra constitutionem. In Brazil, both, practices in general and constitutional conventions, in particular are difficult task to be accomplished, in view of political instability, the tendency towards the transformation of parliamentary customs into legal rules, and of party and inter-power arrangements not always inspired by the common good. Keywords: Constitutional Conventions. Parliamentary Law. Parliamentary Practices. Political Practices in Brazil.

scholarly journals A terra como bem-comum na memória do Direito brasileiro

2018 ◽  
Vol 42 (1) ◽  
pp. 11-31
Author(s):  
Sandra Regina Martini ◽  
Vanessa Chiari Gonçalves ◽  
Bárbara Bruna de Oliveira Simões
Keyword(s):  
Social Movements ◽  
Common Good ◽  
Political Systems ◽  
The Common Good ◽  
The Social ◽  
The Common ◽  
The Law ◽  
The Right

 O artigo trata da terra,  memória e direito com o objetivo de reconsiderar a terra como bem comum da humanidade, as referências jurídico políticas e sociais utilizadas são as brasileiras até a década de 80, pois entendemos que a nova Constituição embora apresente avanços significativos, não é suficiente para enfrentar a complexidade do direito ao bem comum terra. O direito precisa retomar a memória para cumprir sua função de evitar e compor conflitos, ou seja, o direito tem uma função preventiva, deve operar prevenindo e compondo conflitos advindos das mais diversas instâncias, em especial, neste artigo, dos Movimentos Sociais, sem os quais não é possível pensar na terra como bem da comunidade, pois são os movimentos sociais que trazem para o cenário jurídico-político a conflitualidade da sociedade, por isso são sistemas autoreferenciais de comunicação, que se inserem nos sistemas jurídico e político como reação da própria sociedade diferenciada funcionalmente. Assim, constrói-se a ideia de terra como um bem comum da humanidade, passando pela cooperação entre o local e o global. Abstract The article deals with land, memory and law with the objective of reconsidering land as a common good of humanity, the legal and political references used are Brazilian until the 1980s, since we understand that the new Constitution does is sufficient to face the complexity of the right to the common good land. The law needs to retake the memory to fulfill its function of avoiding and composing conflicts, that is, the right has a preventive function, it must operate preventing and composing conflicts arising from the most diverse instances, especially in this article of the Social Movements, without which it is not possible to think of the land as a community good, because it is the social movements that bring to the juridical-political scenario the conflict of the society, for that reason they are self-referential systems of communication, that are inserted in the legal and political systems as a reaction of the own society functionally differentiated. Thus, the idea of land is constructed as a common good of humanity, through the cooperation between local and global.  

In Joint Matrimony We Share: Controlling the Powers to Use the Trust to Limit Matrimonial Property Rights in South African Law

2021 ◽  
Vol 33 (1) ◽  
pp. 89-111
Author(s):  
Aubrey Manthwa ◽  
Paul Nkoane
Keyword(s):  
Property Rights ◽  
South African ◽  
Common Good ◽  
Third Parties ◽  
Robust Approach ◽  
The Common Good ◽  
Recent Developments ◽  
The Common ◽  
The Law

The deceitful use of trusts has created a fair amount of controversy, specifically where it has appeared that a trust has been employed to limit the rights of third parties. This article argues that it is in the interests of the law to ensure that rights are vindicated when unlawfully limited. Similarly, it is in the interest of the common good that legitimately acquired rights are protected. Trust laws state that there must be a separation between control and enjoyment and, in cases where there is no separation, the courts may scrutinise the affairs of a trust. Recent developments have illustrated that measures that provide relief to spouses upon the dissolution of the marriage may not be readily invoked, especially for marriages in community of property. Family trusts have provided spouses with avenues for hiding assets that would otherwise fall into the joint estate. Courts need to adopt a robust approach when dealing with trust assets upon the dissolution of a marriage, particularly to protect the rights of competing spouses.

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