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  3. The Ethics of Deference
  • Cited by 48
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    • Publisher:
      Cambridge University Press
      Publication date:
      18 December 2009
      24 October 2002
      ISBN:
      9780511613890
      9780521810470
      9780521008723
      DOI:
      https://doi.org/10.1017/CBO9780511613890
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.448kg, 206 Pages
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.336kg, 206 Pages
      • Subjects:
      Legal Philosophy, Philosophy, Political Philosophy
      Series:
      Cambridge Studies in Philosophy and Law
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    Subjects:
    Legal Philosophy, Philosophy, Political Philosophy
    Series:
    Cambridge Studies in Philosophy and Law
    Information

    Book description

    Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.

    Reviews

    'The Ethics of Deference is an admirably clear book, presenting a thoroughly novel take on its subject-matter … worthy of close attention.'

    Source: Modern Law Review

    'Clearly presented and persuasively argued, Soper's account of the ethics of deference covers a wide range of legal, political, and moral issues from authority and autonomy, to obligation and the nature of reasons. … Soper offers an insightful analysis … His most original and contentious position, that the law has authority but does not claim it, is one that he makes intuitively appealing. Soper's thesis gives one the power to approach the law rationally, and to consider the pros and cons of adhering to its norms.'

    Source: Res Republica

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    Contents

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