Philosophical Anarchism and Political Disobedience

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November 6, 2023 | History

Philosophical Anarchism and Political Disobedience

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This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance towards political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilities toward his or her political community.

(Source: Cambridge University Press)

Publish Date
Language
English
Pages
174

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Edition Availability
Cover of: Philosophical Anarchism and Political Disobedience
Philosophical Anarchism and Political Disobedience
2012, Cambridge University Press
in English
Cover of: Philosophical Anarchism and Political Disobedience
Philosophical Anarchism and Political Disobedience
2009, Cambridge University Press
Paperback in English
Cover of: Tsiyut ṿe-seruv
Tsiyut ṿe-seruv: anarkhizm filosofi ṿe-sarvanut poliṭit
1996, ha-Ḳibuts ha-meʾuḥad
in Hebrew
Cover of: Philosophical Anarchism and Political Disobedience
Philosophical Anarchism and Political Disobedience
1992, Cambridge University Press
Hardcover in English

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Book Details


Published in

Cambridge, United Kingdom, New York, USA

Table of Contents

Preface Page xi
Introduction Page 1
1. The meaning of the duty to obey the law and autonomy-based anarchism Page 5
1.1. Moral obligation, political obligation and the rule of law Page 5
1.2. Moral autonomy and the rigid conception of the duty to obey Page 10
1.3. Because the law so commands Page 14
1.4. A duty to obey Page 18
1.5. Laws as commands Page 99
1.6. The supremacy of law Page 24
1.7. Acknowledging an authority Page 33
2. The justifications of the duty to obey the law and critical anarchism Page 42
2.1. Gratitude Page 43
2.2. Consent Page 49
2.3. Fairness Page 57
2.4. The argument from consequences Page 66
2.5. The duty to support just institutions Page 78
2.6. Communal obligation Page 83
2.7. The importance of the duty to obey the law Page 89
3. The conditions of the applicability of the duty to obey the law and its democratic foundation Page 94
3.1. Justice and democracy as conditions for the duty to obey the law Page 96
3.2. Democracy as grounds for the duty to obey Page 108
Fair distribution of political power Page 109
Participation and consent Page 116
4. The limits of the duty to obey the law Page 120
4.1. Justifying disobedience Page 121
The argument from consequences: the formal limits of obedience and the complex criterion for disobedience Page 121
The values and intentions of the legislators and policy makers Page 127
The formal limits of obedience and two simple criteria for disobedience Page 129
Democracy, fairness and communal obligation: substantive limits of obedience Page 132
Justifying civil disobedience and conscientious objection Page 138
4.2. The attitude towards disobedience Page 146
Intolerance of justified acts of disobedience Page 147
Tolerance of unjustified disobedience: considerations of fairness Page 149
Tolerance of unjustified disobedience: pragmatic considerations Page 154
Tolerance of unjustified disobedience: freedom of conscience Page 155
Various means for expressing tolerance Page 159
Afterword Page 162
Bibliography Page 165
Index Page 169

Edition Notes

Includes bibliographical references (p. 165–168) and index.

Copyright Date
1992

Classifications

Dewey Decimal Class
323.6/5/01
Library of Congress
JC328.3 .G35 1992

The Physical Object

Format
Hardcover
Pagination
xiii, 174p.
Number of pages
174
Dimensions
24 x x centimeters

ID Numbers

Open Library
OL1547945M
ISBN 10
0521414504
ISBN 13
9780521414500
LCCN
91027373
OCLC/WorldCat
836865888
Google
TWQEifIEZVQC
Library Thing
903581
Goodreads
403895

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