A Quasi-Contract Theory of Political Obligation

Law and Philosophy 39 (1):93-118 (2020)
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Abstract

Whether there is a general moral obligation to obey the law, often referred to as ‘political obligation’, is an enduring question in contemporary legal and political philosophy. Theories are continually being formulated, criticized, and reformulated as theorists attempt to settle this issue. However, there yet remains no general consensus as to whether any theory successfully answers this question in either the affirmative or the negative. I propose the legal doctrine of quasi-contract as a candidate for making sense of this persistent issue. While the duty to reciprocate and the principle of reasonable expectations each falls short when independently advanced as a theory of political obligation, quasi-contract, which combines reciprocity, reasonable expectations, and additional moral considerations, is able to establish a satisfactory account of political obligation.

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Doing Less Than Best.Emma J. Curran - 2023 - Dissertation, University of Cambridge

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References found in this work

Gratitude.Fred R. Berger - 1975 - Ethics 85 (4):298-309.
Associative political obligations.A. John Simmons - 1996 - Ethics 106 (2):247-273.
The principle of fair play.A. John Simmons - 1979 - Philosophy and Public Affairs 8 (4):307-337.
Unconditional welfare benefits and the principle of reciprocity.Shlomi Segall - 2005 - Politics, Philosophy and Economics 4 (3):331-354.

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