Liberal Loyalty

Liberal Loyalty
Author: Anna Stilz
Publisher: Princeton University Press
Total Pages: 241
Release: 2009-07-26
Genre: Law
ISBN: 0691139148

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Drawing on Kant, Rousseau, and Habermas, Stilz argues that we owe civic obligations to the state if it is sufficiently just, and that constitutionally enshrined principles of justice in themselves are grounds for obedience to our particular state and for democratic solidarity with our fellow citizens.

Political Obligation in a Liberal State

Political Obligation in a Liberal State
Author: Steven M. DeLue
Publisher: SUNY Press
Total Pages: 206
Release: 1989-01-01
Genre: Political Science
ISBN: 9780791400920

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The tension between the individualist view and the communalist view dominates current debate about liberal politics. DeLue establishes a basis for political discourse in a liberal society--an enlarged discourse that allows people of both views to be critically reflective citizens with the necessary strong sense of obligation to the state. DeLue describes this enlarged culture and prescribes what the state must do to nurture it.

The Problem of Political Obligation

The Problem of Political Obligation
Author: Carole Pateman
Publisher: Chichester ; New York : Wiley
Total Pages: 232
Release: 1979
Genre: Political Science
ISBN:

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"Most recent discussions of the political authority of the liberal democratic state and the political obligation of its citizens are based on one of two assumptions: that general problems about political obligation have now been resolved or are easily resolvable; or that no such problems exist. One aim of this book is to show that the latter assumption is unfounded and that political obligation is inherently problematic. My larger aim, which is both more substantive and more controversial, is to show that political obligation in the liberal democratic state constitutes an insoluble problem; insoluble because political obligation cannot be given expression within the context of liberal democratic institutions. The problem of political obligation can be solved only through the development of the theory and practice of participatory or self-managing democracy." [Introduction].

The Problem of Political Obligation

The Problem of Political Obligation
Author: Carole Pateman
Publisher:
Total Pages: 222
Release: 1985
Genre: Political Science
ISBN: 9780520056503

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00 Pateman examines the notion of political obligation in relation to the liberal democratic state and presents a vision of participatory democracy as a means to effect a more satisfactory relationship between the citizen and the state. She offers a general assessment of liberal theory and an interpretation of all familiar arguments about political obligation and democratic consent. Pateman examines the notion of political obligation in relation to the liberal democratic state and presents a vision of participatory democracy as a means to effect a more satisfactory relationship between the citizen and the state. She offers a general assessment of liberal theory and an interpretation of all familiar arguments about political obligation and democratic consent.

Against Obligation

Against Obligation
Author: Abner S. Greene
Publisher: Harvard University Press
Total Pages: 340
Release: 2012-04-13
Genre: Law
ISBN: 0674069390

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Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means? These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene’s case is not only “against” obligation. It is also “for” an approach he calls “permeable sovereignty”: all of our norms are on equal footing with the state’s laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Against Obligation

Against Obligation
Author: Abner Greene
Publisher: Harvard University Press
Total Pages: 346
Release: 2012-04-13
Genre: Law
ISBN: 0674065174

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Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.

Political Obligations

Political Obligations
Author: George Klosko
Publisher: OUP Oxford
Total Pages: 276
Release: 2005-03-10
Genre: Political Science
ISBN: 0191531308

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Political Obligations provides a full defense of a theory of political obligation based on the principle of fairness (or fair play), which is widely viewed as the strongest theory of obligation currently available. The work responds to the most important objections to the principle of fairness, and extends a theory based on fairness into a developed 'multiple principle' theory of obligation. In order to establish the need for such a theory, Political Obligations criticizes alternative theories of obligation based on a natural duty of justice and 'reformist' consent, and critically examines the non-state theories of libertarian and philosophical anarchists. The work breaks new ground by providing the first in-depth study of popular attitudes towards political obligations and how the state itself views them. The attitudes of ordinary citizens are explored through small focus groups, while the 'self image of the state' in regard to the obligations of its citizens is studied through examination of judicial decisions in three different democratic countries.

Liberalism and Affirmative Obligation

Liberalism and Affirmative Obligation
Author: Patricia Smith
Publisher: Oxford University Press
Total Pages: 273
Release: 1998-11-26
Genre: Philosophy
ISBN: 0195354044

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The scope of affirmative obligation is a point of contention among liberals. Some see affirmative obligations required by social justice as incompatible with a strong commitment to individual freedom. The task before the moderate liberal is then to consider what a consistently liberal view of affirmative obligation would have to be in order to accommodate liberal commitments to freedom and justice and also account for long-standing institutions that are central to liberal democratic society. In this book, Patricia Smith argues that this can be achieved by reconstructing the liberal doctrine of positive and negative duty. She offers a careful consideration of these elements of liberal principles as they relate to affirmative obligation. Through an innovative analysis of the institutions of family and contract, Smith develops the idea of duties of membership as preferable to natural duties (to explain family obligation) and as needed to supplement contractual duties (to explain professional obligation). This idea is then applied to the problem of justifying political obligation. She argues that membership obligations, implied in cooperative endeavor, must supplement obligations of consent that are central to liberal theory. This is deftly illustrated through a state of nature theory that includes community membership, eliminating atomistic individualism while maintaining consonance with what Smith calls cooperative individualism. The resulting view of liberal individualism is consistent, complete, and capable of handling long-standing liberal institutions, while taking seriously the demands of affirmative obligations. Smiths clear articulation of a liberal view of affirmative obligation finds a middle ground on this polarized topic, with compelling and reasoned implications for liberal political philosophy. Her discussion will interest students and scholars of legal and political philosophy and political science.

Lectures on the Principles of Political Obligation

Lectures on the Principles of Political Obligation
Author: Thomas Hill Green
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 276
Release: 2005
Genre: Liberty
ISBN: 1584776145

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Reprint of the first edition. Roscoe Pound recommended this book in The Study of American Law for its discussion of legal rights, powers, liberties, privileges and liabilities (38). Green [1836-1882], Professor of Moral Philosophy at Oxford University, was one of the most influential philosophers of the nineteenth and early twentieth centuries. Lectures on the Principles of Political Obligations is his most important work. Its object is to demonstrate, on the basis of his general moral philosophy, the ethical position of the state, in particular the extent to which moral authority is justifiable and obedience to law morally obligatory. Extracted from Volume II of The Works of Thomas Hill Green (1885), it went on to become a standard textbook on political theory in Great Britain and the United States. A durable work, it is still cited today.