• Home
  • Blog
  • ‘We are morally obligated to obey the laws of our state.’ Is this state defensible?

‘We are morally obligated to obey the laws of our state.’ Is this state defensible?

0 comments

Essay requirement is 2000 words, it is based on the module: perspectives on politics. Should include a thesis statement and argument. Should include at least 8 academic sources. Notes on the topic: Political authority and political obligation:

Power and authority

  • Power is the ability to influence, control behaviour of others – persuasion, manipulation, pressure, coercion, violence
  • Authority is based upon a recognised right to rule others – people believe the ought to have a duty to obey rights/moral obligations

Political authority – to basic aspects:

  • Willing compliance – the majority voluntarily obey the state from a sense of duty
  • Compelled compliance (coercion) – those who don’t obey the state are subject to sanctions/punishment
  • Political obligation – if state has legitimate authority, we have a political obligation (obey laws)

The modern state:

  • Modern usage of term ‘state’ derives from machiavelli – terms state is derived from latin status
  • Earlier state forms – the polis, empires, but the the modern state is very different in many ways (functions, organisation)
  • There have been many societies with either no or few state structures – tribal societies, medieval period.
  • The ‘state’ is to be distinguished from ‘ society’ – modern state as an institutional complex that seeks to impose order. (wider society)

Key characteristics:

  • Interlocking set of organised/cohesive institutions enduring through time: Government/bureaucracy/military/courts
  • Government is part of the state, yet a government can change whilst the state endures

The modern state:

  • A compulsory political association :
  • Incorporating a clearly defined territory, jurisdiction, population
  • Enforcing collective decisions on all members of a society (law)
  • Claiming sovereignty – possessing supreme power over all other groups, associations within its territory
  • Monopoly over legitimate use of physical force within its territory
  • State agencies (judiciary, police) Having the sole right to compel obedience to the law – contra vigilante justice
  • State as the only political actor with legitimate right to declare war – all other forms of political violence deemed legitimate
  • Provider of public goods and defender of common interest
  • Public goods – security, tax
  • Imposing burdens – taxation, employment law
  • Regulating social behaviour – health, child rearing, interpersonal relationships

The problem of justifying state:

  • Modern state is an institution with tremendous coercive power claiming the right to govern us in myriad ways
  • This was not always a pressing question:
  • Aristotle presumed that we are ‘political animals’
  • Government considered ‘natural’ and the polis the culmination of human sociability
  • There could be questions about the legitimacy of different systems of government, but not of government or the polis
  • Modern era:
  • Loss of belief in a natural political order (divine right of kings)
  • Focus on the individual as a right-bearing being white rights and liberties are threatened by government
  • Why should human that are free equal to all others, subject to the rule of those claiming political authority

The social contract tradition and Hobbes:

  • There are various ways of to justify the state, but one the famous is the social contract tradition – Hobbes
  • Basic ideas: Justify our basic political principles or arrangements (the state) by appealing to what rational, free, and equal persons would voluntarily agree or consent
  • Hobbes’s context: Writing during the english civil war 1640s, his main concern was to offer a defence of political authority as a bulwark against social disorder and political chaos
  • His approach:
  • Imagine oneself in a situation, defined by total absence of law, rule and authority – hypothetical ‘state of nature’
  • What wold be the consequences be of such a state of nature?
  • What would we do, rationally to escape these consequences

Hobbes, state of nature:

  • Hobbes assumptions about human being:
  • Roughly equal in strength and intelligence
  • Self-interested – reasonable desire to provide for their individual needs
  • Overriding wish to preserve their own lives (the right of nature to do anything necessary for one preservation
  • Consequence – unlimited conflict:
  • Over resources – each trying to secure the most they can
  • Over mistrust – fearing others, planning pre-emptive strikes
  • Over glory – slights to ones reputation, honour

Hobbes, the social contract:

  • State of nature:
  • A perpetual barre of every man against his neighbour
  • Hypothetical yet conceivable with empirical examples approaching it
  • Central imperative – to secure peace so as to avoid death
  • Entails:
  • All equality and freely transferring or surrendering their individual right of nature/power to a sovereign – whether monarch, parliament, aristocracy
  • Mutually covenanting promising to subsequently submit to the authority of that sovereign
  • The sovereigns role – protection of all individuals, thereby binging the commonwealth into being and justifying limitations on our freedom
  • Consent = state legitimacy = political obligations

Locke and limited government:

  • The sovereign has absolute authority – undivided into (no separation of powers and unlimited (can judge on any issue)
  • Absolute authority necessary to prevent factional disagreement and return to state of nature
  • No rights to rebel – expect when the sovereign threatens your life
  • Locke a fully liberal social contract theorist:
  • The justification of government is the protection of life liberty, and estate
  • The sovereign cannot be absolute – must respect these basic rights
  • Hence limited government and a right to rebel – replacing tyrant with a different government (no-taxation without representation, American revolution)

About the Author

Follow me


{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}