PHM 2204 Lecture 9

PHM 2204 Lecture 9 - PHM 2204 David Copp Fall, 2007 THE...

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PHM 2204 Fall, 2007 David Copp THE IDEA OF A LEGITIMATE STATE See PP, ch. 3 1. The Question of Legitimacy * need to distinguish accounts of the value of states (their “justification”) from accounts of their authority or legitimacy and citizens’ obligations to support them. 2. What Would a State’s Legitimacy Consist In? * proposal: a state is legitimate if and only if it has the right to rule , or (a) the right to be the final source of binding law in its territory, (b) the right to act independently of any external authorities, (c) the right to the obedience and assistance of citizens in exercising and enforcing these rights * a state’s legitimacy entails that its citizens have a moral obligation or duty to obey the law of their state * the right to obedience and assistance is a “correlate” of an obligation on the part of its citizens to obey (e.g. promises and correlated duties). * on any plausible view there are limits to any such obligation * e.g. illegal action to oppose slavery or Nazi Germany or civil disobedience in support of equal rights (M.L. King) 3. Kinds of Obligation or Duty to Obey the Law * Simmons: there are three interesting cases and three kinds of theory. (a) special non-voluntary obligations
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PHM 2204 Lecture 9 - PHM 2204 David Copp Fall, 2007 THE...

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