基本説明
New in paperback. Hardcover was published in 1992. This book confirms the existence of the duty to obey the law, but argues that this duty is easily outweighed by values and principles of political morality.
Full Description
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.
Contents
Introduction; 1. The meaning of the duty to obey the law and autonomy-based anarchism; 2. The justifications of the duty to obey the law and critical anarchism; 3. The conditions of the applicability of the duty to obey the law and its democratic foundation; 4. The limits of the duty to obey the law; Afterword; Notes.
