Anarchy or Obligation?

Lecture 1

Overview
1. Origins of the Problem 2. The Core Issue 3. In Defence of Anarchy 4. Against Anarchy 5. Scepticism and Anarchy

Obligation?

P1: Origins of the Problem Antigone: A Greek Tragedy

Thebes, 440 BCE Polynices, Antigones brother, dies fighting for the throne Creon, new King of Thebes, decides that traitors will not be buried Antigone disagrees. She buries the corpse of her brother according to religious traditions

Bush: An American Tragedy

Themes
Creon represents the State. Its Authority its right to rule Antigone represents the individual. Her autonomyher freedom & responsibility Q: Is there a Duty to obey the law? Antigone does what she thinks is right morally; the law, she thinks, is morally wrong; therefore, she disobeys

Less than authoritative

The Death of Socrates

Athens, 399 BCE Socrates is sentenced to Death (he corrupted the morals of the youth) Crito offers to organize his escape

The Death of Socrates

Interpretation
Socrates argues against it. He defends his duty to obey the law, i.e. to accept the death sentence even if it was wrong Socrates imagines a dialogue with the Laws of the city 3 arguments: 1. the Laws like a father having begotten, nurtured and educated him. 2. the Laws provided a share of all the fine things 3. Socrates has by his act of staying, agreed with the Laws to do what they demand of him

P2: The Core Issue

Authority v Autonomy (Wolff)
Authority is the prerogative of the State Autonomy is the prerogative of the individual

Obligation to Obey (Authority) Obligation to be Free (Autonomy) Question: how do we reconcile them?

The Question
Is there a Duty to Obey the Law?
Short answer?

Long answer:
Legal Obligation (Internal to the system) Moral Obligation (External to the system)

Illustration 1: Taxation as Slavery?

Outlandish comparison? Key common element: nonconsensual coercion Why not be an anarchist?

Illustration 2: Military Draft

P3: For Anarchy?

Political: reject moral and legal obligations to obey the law Philosophical: reject only moral obligation. Acknowledge varying degrees of legal obligations

Philosophical Anarchy Defended

From Locke to Nozick: Libertarianism
Self-ownership Natural rights as side constraints Minimal State

Simmons: Individualism
Actual consent and Obligation to Obey Each individual => relation with the State

Caricatures

P4: Against Anarchy: possible grounds of obligation

Typology 1: voluntarist & non-voluntarist theories Typology 2: Associative Duties, Transactional Duties, Natural Duties

Non-Voluntarist Theories
1. Constitutive Obligations 2. Instrumental Justifications 3. Necessity

Laws Empire?

Constitutive Obligations
Premise: why should I obey is an absurd question Law is a social practice involving associations Normally we look for an independent ground to justify obligations But some believe that we can find a ground internal to the practice This ground refers to social roles Fraternity or Paternity? Respect or obligation?

Foundational Fraternal Obligations

Instrumental Justification
Authority helps you guiding your behaviour Raz calls it the Normal Justification Thesis What if there is a conflict of Authorities? How can you then justify the exercise of Authority? It may be helpful for Coordination

Coordination?

Necessity
Governments area should be that of necessity Q 1: what tasks are necessary?
Presumptively beneficial goods Self-evident values (life, knowledge, play, religion)

PB: some optional tasks are nonetheless very important (e.g. official language)

Authority and Voluntarist Theories

Voluntarist Theories
1. Consent 2. Expressive Obligations 3. Fairness

1. Consent
The right to rules derives from the consent of the people Q: whose consent?
Original or actual? Unanimous or majority?

Q: to what?
To being killed? To being enslaved?

A Contract?

2. Expressive Obligations
Gratitude (Socrates) Analogy: Friendship & the obligations stemming from it

3. Fairness
Willingness to benefit from a system of mutual restraint Fairness or Fair Play

P4: A different Typology

Associative duty Transactional duty Natural Duty

Who are we? Roles and positions (Dworkin)

What do we do? Consent; Promise; Benefit (Raz)

Did you really consent?

a) Advancing a moral good (Finnis) b) Universal duty erga omnes

What do we owe each other?

Do we obey just because we are citizens?

P5: Scepticism and Anarchism

Huge spectrum between Statism and autonomy Perhaps to position one self at the extremes is problematic. But to doubt that there is a general, absolute, obligation to obey is only healthy