(Again, this is independent of whether or not there's a moral wrong in the actual illegal thing that you did.). The first is found in chapter 3 where Shadrach, Meshach and Abednego refused to bow down to the golden idol in disobedience to King Nebuchadnezzar’s command. It does not matter whether anyone is looking, misleading people is immoral unless there is a very good reason. In fact, meaning cannot be attained through anything real. Why does US Code not allow a 15A single receptacle on a 20A circuit? However, Hobbes (254) states the differ… Is there still an element of deception because not everybody, who helps you benefit from elements of the social contract, will know about it? Healthy forms of social constructivism encourage. For there is no authority except from God, and those that exist have been instituted by God. Furthermore, if there was a law which you determined to have some negative moral value, should you obviously disobey it, or is there still some inherent moral value in "obeying the law" against which you must weigh the negative moral value of the law itself? But the OP isn't talking about morality apart from the law; s/he used the words "moral" and "law" in the same sentence. Sometimes the moral response to immoral acts by government is civil disobedience. No person or group is above the law. At the same time, some democracies aren't really genuine functioning democracies. {{courseNav.course.mDynamicIntFields.lessonCount}} lessons One may not obey it outright, but as interpreted through a prism of tradition, where not all players come out of the same tradition. A very clear but seldom pondered truth of the New Testament is that Christ’s entire life and ministry were orchestrated by His Father and that Jesus was careful to carry out every detail according to the will of His Father. flashcard set{{course.flashcardSetCoun > 1 ? Here the basic idea is that if I have accepted certain benefits from a law-organised society, without whose laws those benefits could not have been conferred, it is a requirement of fair play to obey the law in return. credit by exam that is accepted by over 1,500 colleges and universities. 32, No. Obeying the lawA voluntary civic duty is voting in elections. It is impossible to be law abiding enough to avoid that predicament. P.E. So a chosen position toward that theory is necessary if one wishes to maintain a position within the context of any modern State. E.g., I cannot argue from every possible angle for euthanasia and then refuse my consent to the practice of euthanasia. Normative ethics is the only field in philosophy that covers moral acts. If it deviates from the right reason it is said to be an unjust law, and thus does not have the quality of a law but rather that of an act of violence. Get the unbiased info you need to find the right school. Let's take a look at this simple example of breaking the law: Every time you get in your car and drive, there is a certain posted speed limit; for example, 20 miles per hour in a school zone. Legal analogy (Qiyas) Legal analogy is a powerful tool to derive rulings for new matters. Though people who are living in a big city or state do need to subvert some of their freedoms for the greater good, "blind obedience is a dangerous thing.". They must: 1. It's like playing cards with someone who cheats; your guaranteed to lose unless you either leave the game or start cheating yourself. Even if they have expertise, could they manipulate the law?] in said policy, Morality is meant to be OBJECTIVE or how is this different from opinion? ... Log in. We do in fact accommodate ourselves to the history of decisions we make, so the only real rule is "don't pretend, unless you are willing to have the act become a reality for you.". Ultimately, it's largely a matter of degree or magnitude. Liberal democracies themselves are very consciously constructed from the theory of the social contract. All rights reserved. Are you saying they should be more closely aligned ("Morality is meant to be OBJECTIVE," or is each philosopher just ideally objective in his or her own specific philosophical doctrine? Whether it's obeyed or not has no moral value whatsoever, according to whatever moral theory you subscribe. phrases. People have a general duty to obey the law because it is democratically decided. That Judge became Lord Diplock and he was, one of our very best judges. What does prima facie mean in legal terms? This system is maintained by people obeying the law and maintaining its integrity. obey the law. (Summa Theologiae, First Part of Part II, Qu. Speeding is defined as the act or an instance of driving, especially a motor vehicle, faster than is allowed by law. "Recognizing that natural law is the basis for and places limits on positive law means admitting that it is legitimate to resist authority should it violate in a serious or repeated manner the essential principles of natural law. Why do exploration spacecraft like Voyager 1 and 2 go through the asteroid belt, and not over or below it? And it does not seem to be one of his nonce-lies, but something he has always believed. Philosophy Stack Exchange is a question and answer site for those interested in the study of the fundamental nature of knowledge, reality, and existence. imperfect but "better than the alternatives". In my own mind Sartre leads back to Kant via Transpersonal Psychology. I also wonder why only a democracy has legitimacy. George Klosko, 'Multiple Principles of Political Obligation', Political Theory, Vol. Enrolling in a course lets you earn progress by passing quizzes and exams. So no human authorities are needed for moral as in the law. 8, No. So that is why all are immoral sinners (law-breakers). J. Rawls, A Theory of Justice, Cambridge, MA: Harvard University Press. Some of these exceptions have been deemed unconstitutional in the United States, others haven't. I've amended the text. In the New Testament, we learn through the example of Jesus Christ that believers are called to a life of obedience. And the things that you are calling 'laws' that aren't moral, are not actually laws." He is an intellectual world away but his view is worth noting precisely because it is distinctive. Best - Geoff. In United States v.Keenan, the accused (Keenan) was found guilty of murder after he obeyed an order to shoot and kill an elderly Vietnamese citizen.The Court of Military Appeals held that "the justification for acts done pursuant to orders does not exist if the order was of such a nature that a man of ordinary sense and understanding would know it to be illegal. I wasn't 'getting at' you in my last, just didn't think you'd quite got Aquinas straight. Let every person be subject to the governing authorities. So there is still a problem with the definition of 'obeying' the law. You are confusing descriptive ethics with normative ethics. Antigone argues that the law of the God is superior to the law of the state. This argument makes some sense to me, though it feels a little weak. without Locke's flowery language that imagines some timeless commitments. Law by definition means a set of rules that are prescribed by a given authority with an objective of maintaining law, order and peace in the society. Have you ever heard the phrase 'caught red-handed' or 'I got caught with my hand in the cookie jar'? People have certain responsibilities when they live in Canada. Thanks. Also, is this answer specifically from a Kantian perspective where you have a categorical imperative not to lie, or is it more broadly applicable? Power changes hands democratically according to the rules of the country’s constitution, not as the result of force or war. We suffer when we do not obey God's laws as does Creon. By a Lockean notion of the social contract, you have tacitly agreed to obey laws that support that contract by remaining in your society and accepting the protection of its principal players and its institutions. But I really like the rest of the answer. So who was more moral, Muhammad Ali or a helicopter pilot spraying napalm? If you take a step back before acting or reacting to a situation and think of the consequences, this may help you make choices which will lead to a law-abiding life with strong ethics. Your position is always entirely unique, so this is not necessarily something like a Kantian universalization. 307-337. Such examples would be following the rule of law. Consider the parallel with a promise : I am under a moral obligation to return a borrowed book but that obligation can be overriden by the more important moral obligation to help a dying person. Religious ideas are also used by governments to manipulate and control economy through production, distribution, and consumption. © copyright 2003-2020 Study.com. What does the Bible say about obeying the law? Answers to the ethics dilemmas of web comic artists. 5, No. What is Prima Facie? ed., 2012), for the only critical engagement with the Standard View.Some recent work in legal philosophy purports to clarify what obeying the law is, if only to contrast it with other possible responses to law, but in each case the explanandum turns out to be something else. Muhammad Ali was later sent to prison for refusing to serve in the military in Vietnam. In other words, one must always judge whether or not the law is in accord with the eternal law (God’s wise plan) as known through divine and natural law. Study.com has thousands of articles about every And genuine saintly types are always the first to admit the fact. This is a difference of world view, not a question of some 'semantic game'. to act according to what you have been asked or ordered to do by someone in authority, or to behave according to a rule, law, or instruction: The soldiers refused to obey (orders). (Read More...) Titus 3:1 - Put them in mind to be subject to principalities and powers, to obey magistrates, to be ready to every good work, Romans 2:13 - (For not the hearers of the law [are] just before God, but the doers of the law shall be justified. To be clear, I am not asking if laws are moral, or even a good approximation for a moral system. 3 I voluntarily take part in a rule-governed activity. Should we say that 1930s Germany signed the Nazi contract? See more. One should not read philosophy to be told what to do. You can choose any one of those. 4. Who applies the pessimistic induction to moral “truths”? Suppose we took, for example, a law that is completely amoral. Here's what he says : Human law has the quality of a law in so far as it is in accordance with right reason [ recta ratio] and in this respect it is evident that it is derived from the eternal law. Principle of Fair Play ', Philosophy & Public Affairs, Vol laws are 'honored ' in course. 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