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Single Idea 20612
[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system
]
Full Idea
One of the more common reasons people will give for having a moral obligation to obey the law is consent. ...It rests on the intuitively appealing idea of an analogy with a promise.
Gist of Idea
If being subject to the law resembles a promise, we are morally obliged to obey it
Source
Tuckness,A/Wolf,C (This is Political Philosophy [2017], 6 'Consent')
Book Ref
Tuckness,A / Wolf,C: 'This is Political Philosophy' [Wiley Blackwell 2017], p.147
A Reaction
[They cite Locke and Jefferson] In Locke's case it has to be a 'tacit' promise, which is more realistic. In real life we have problems with people who 'said' they would do something. They are often accused of promising, when they didn't.
The
17 ideas
with the same theme
[the system used by a government to enforce laws]:
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6326
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The better known the law, the more criminals there are
[Laozi (Lao Tzu)]
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347
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Will I stand up against the law, simply because I have been unjustly judged?
[Socrates]
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2806
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Man is the worst of all animals when divorced from law and justice
[Aristotle]
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2816
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If it is easy to change the laws, that makes them weaker
[Aristotle]
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22556
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Laws that match people's habits are more effective than mere written rules
[Aristotle]
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19881
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The aim of law is not restraint, but to make freedom possible
[Locke]
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19819
|
The state ensures liberty, so civil law separates citizens, and binds them to the state
[Rousseau]
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14847
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Laws that are well thought out, or laws that are easy to understand?
[Nietzsche]
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20932
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Positive law needs secondary 'rules of recognition' for their correct application
[Hart,HLA, by Zimmermann,J]
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23523
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The principle of legality requires crimes to be precisely defined in advance of any action
[Hart,HLA]
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23524
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Some private moral issues are no concern of the law
[Hart,HLA]
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23521
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Do morals influence law? Is morality an aspect of law? Can law be morally criticised?
[Hart,HLA]
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23525
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Is the enforcement of morality morally justifiable?
[Hart,HLA]
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23526
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Modern law still suppresses practices seen as immoral, and yet harmless
[Hart,HLA]
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23259
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There should be separate legislative, executive and judicial institutions
[Grayling]
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20612
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If being subject to the law resembles a promise, we are morally obliged to obey it
[Tuckness/Wolf]
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20611
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If others must obey laws that we like, we must obey laws that they like?
[Tuckness/Wolf]
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