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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.
Legal positivists believe that "so long as [an] unjust law is a valid law, one has a legal obligation to obey it". [2] Positivists disregard the morality of valid laws and treat law as the sole source of authority on what is valid. Natural-law theorists see a direct connection between validity and morality. [3]
In Calvinism, salvation depends on Christ's active obedience, obeying the laws and commands of God the Father, and passive obedience, enduring the punishment of the crucifixion suffering all the just penalties due to men for their sins. The two are seen as distinct but inseparable; passive obedience on its own only takes men back to the state ...
Primary rules are rules, or laws, that govern general societal conduct. Thus, primary rules construct legal obligations and consequences when they are disobeyed. A good example of primary rule is the law against murder; it prohibits a person from killing and attaches consequences for committing, attempting to commit, and conspiring to commit ...
The argument over the "Spirit of the Law" vs. the "Letter of the Law" was part of early Jewish dialogue as well. [3] The Parable of the Good Samaritan (Luke 10:25–37) is one of the New Testament texts to address this theme. The passage concerns a dialogue between Jesus and an "expert in the law" or "lawyer".
Hobbes’s concept of moral obligation stems from the assumption that humans have a fundamental obligation to follow the laws of nature and all obligations stem from nature. [8] His reasoning for this is premised upon the beliefs of natural law; that the moral standards or reasoning that govern behaviour can be drawn from eternal truths ...
Fuller proposes principles that would easily fit into a positivistic account of law and Hart points out that Fuller's principles could easily accommodate an immoral morality. Other critics have challenged Fuller's claim that there is a prima facie obligation to obey all laws. Some laws, it is claimed, are so unjust and oppressive that there is ...
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.