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The tract is considered Berkeley's major contribution to moral and political philosophy. In A Discourse on Passive Obedience, [2] Berkeley defends the thesis that people have "a moral duty to observe the negative precepts (prohibitions) of the law, including the duty not to resist the execution of punishment."
Indeed, the laws of a legal system may be quite unjust, and the government may be illegitimate; as a result, there may be no obligation to obey the law. Moreover, the fact that a law has been found to be valid by a court does not mean that the court should apply it in a particular case.
Political obligation refers to a moral requirement to obey national laws. [1] Its origins are unclear, however it traces to the Ancient Greeks . The idea of political obligation is philosophical, focusing on the morality of laws, rather than justice.
Jurisprudence refers to analysis of the philosophy of law. Within jurisprudence there are multiple schools of thought, but the Hart–Fuller debate concerns just legal positivism and natural-law theory. [1] Legal positivists believe that "so long as [an] unjust law is a valid law, one has a legal obligation to obey it". [2]
Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Laws are only observed with the consent of the individuals concerned and a moral change still depends on the individual and not on the passage of any law. ~ Eleanor Roosevelt Internalisation ( or internalization) in sociology and other social sciences is the process of acceptance of a set of norms and values established by people or groups ...
They continued: “Where offenders actively reject the ‘bargain’ by making clear they reject the citizen’s obligation to obey the law and respect the rights of their fellow citizens by ...
In moral philosophy, deontological ethics or deontology (from Greek: δέον, 'obligation, duty' + λόγος, 'study') is the normative ethical theory that the morality of an action should be based on whether that action itself is right or wrong under a series of rules and principles, rather than based on the consequences of the action. [1]