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Single Idea 20492

[filed under theme 25. Social Practice / D. Justice / 2. The Law / d. Legal positivism ]

Full Idea

Some laws have little grounding in morality. You may believe you have a moral obligation to stop at a red light at a deserted crossroads, but only because that is what the law tells you to do.

Gist of Idea

Following some laws is not a moral matter; trivial traffic rules, for example

Source

Jonathan Wolff (An Introduction to Political Philosophy (Rev) [2006], 2 'Goal')

Book Ref

Wolff,Jonathan: 'An Introduction to Political Philosophy (Rev)' [OUP 2006], p.38


A Reaction

I would have thought such a law was wholly grounded in the morality of teamwork. It is the problem of rule utilitarianism, and also a problem about virtuous character. The puzzle is not the law, but the strict obedience to it.


The 6 ideas with the same theme [laws as mere human inventions of social rules]:

Grotius ignored elaborate natural law theories, preferring a basic right of self-preservation [Grotius, by Tuck]
The legal positivism of Hobbes said law is just formal or procedural [Hobbes, by Jolley]
The existence of law is one thing, its merits and demerits another [Austin,J]
Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J]
For positivists law is a matter of form, for naturalists it is a matter of content [Scruton]
Following some laws is not a moral matter; trivial traffic rules, for example [Wolff,J]