MORALITY OF THE DUTY OF OBEDIENCE TO LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

KEYVANFAR SH.

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: PRIVATE LAW STUDIES Year:2009 | Volume:39 | Issue:3 Page(s): 342-317

Download Full-Text

Persian Verion

View:

1,438

Download:

Cites:

Information Journal Paper

Title

MORALITY OF THE DUTY OF OBEDIENCE TO LAW

Author(s)

KEYVANFAR SH. | Issue Writer Certificate

Keywords

OBEDIENCE TO LAWQ3

POLITICAL DUTYQ3

MORAL DUTYQ3

MORAL RIGHTQ2

CIVIL DISOBEDIENCEQ2

Abstract

"Whether a duty of OBEDIENCE TO LAW is a MORAL DUTY as well" is one of the crucial questions in the field of Philosophy of Law. In this regard three answers are supposed:1- OBEDIENCE TO LAW is not a MORAL DUTY;2- OBEDIENCE TO LAW is an absolute MORAL DUTY;3- OBEDIENCE TO LAW is a prima facie MORAL DUTY.Many of law philosophers (particularly some of the adherents to positivism e.g. Astin) attribute OBEDIENCE TO LAW to the fear of the sanctions and consider the law and ethics as pertaining to two separate fields. They simply believe that a MORAL DUTY to obey a norm cannot be inferred form its legality, as a legal duty to obey a norm, is not inferred from its morality.Some other philosophers including Kant, relying on the benefits of order, believe that, according to the imperatives of practical logic, in necessity of departure from natural status towards the constitution of a civil society, OBEDIENCE TO LAW is an absolute MORAL DUTY, and even if an immoral law is enacted by an evil and oppressive system, it must be obeyed.Another group, giving diverse explanations and reasoning, consider the OBEDIENCE TO LAW as a prima facie MORAL DUTY that may be disregarded if outweighed or balanced by other moral reasons. The latter opinion has attracted more adherents and is considered a moderate opinion. In this regard, the author is of the opinion that the criterion for morality of a social conduct is a social one. Such criterion is determined and confirmed by the society to which the individual, or more accurately, the "person" belongs. Induction in social criteria reveals that, in most democratic societies, they confirm a prima facie MORAL DUTY of OBEDIENCE TO LAW. Such induction is of course, imperfect and does not amount to a general rule. Practically, in most non-democratic societies, it is not the case. It appears that in non-democratic countries, most of the people, only after an examination of content, feel a moral obligation to obey the law; and unless the law is reiteration of a MORAL DUTY, only reasons of either utilitarian or prudential character urge them to obey.

Cites

CRITICAL ANALYSIS OF POSITIVE APPROACHES TO LAW (LEGAL POSITIVISM) (CASE STUDY: HANS KELSEN AND HERBERT HARTS' VIEWPOINTS)

References

Cite

APA: Copy

KEYVANFAR, SH.. (2009). MORALITY OF THE DUTY OF OBEDIENCE TO LAW. PRIVATE LAW STUDIES, 39(3), 342-317. SID. https://sid.ir/paper/389763/en

Vancouver: Copy

KEYVANFAR SH.. MORALITY OF THE DUTY OF OBEDIENCE TO LAW. PRIVATE LAW STUDIES[Internet]. 2009;39(3):342-317. Available from: https://sid.ir/paper/389763/en

IEEE: Copy

SH. KEYVANFAR, “MORALITY OF THE DUTY OF OBEDIENCE TO LAW,” PRIVATE LAW STUDIES, vol. 39, no. 3, pp. 342–317, 2009, [Online]. Available: https://sid.ir/paper/389763/en

Related Journal Papers