Political Obligation

Political obligation is not about why we obey the law but why we should obey the law.


Intrinsic
Associated with deontology, in which the consequences are irrelevant
Traditionalism – divine right, powers that be
Aristocracy – wisdom / breeding / heroism / money
Can we really count ‘tradition’ as a reason for authority remaining, especially if that is to trample of people’s rights etc?
Extrinsic
Associated with teleological accounts – leading to best outcome.
Social Contract
Hobbes – to keep security
Locke – protection of natural rights
Rousseau – common good, providing moral freedom


RATIONAL ORIGINAL POSITIONS
Tacit Consent
Being within a state you tacitly accept all its laws, no matter how unjust and must accept the punishment
Utilitarianism
Judging laws by consequences
Judged on criteria such as happiness, progress and truth


OUTCOME
Organic (REAL WILL THEORY)
Uniting both intrinsic (state) and extrinsic (citizen) theories
The obligation to obey the state is grounded it its ability in the role of development of MORAL FREEDOM
The state and citizen are intrinsically linked, the state allows your ‘real will’ to be realised by obeying its self prescribed laws – Similar to positive liberty.


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