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Harm, Utility, And The Obligation To Obey The Law, Richard Dagger Jan 1982

Harm, Utility, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

In a recent essay, "Political Obligation", R. M. Hare sets out a utilitarian account of the obligation to obey the law which he believes to be immune to an objection often brought against such accounts. In what follows I shall briefly review this objection and Professor Hare's response to it; than I shall go on to argue that Hare's response, ingenious as it is, fails to defeat the objection. Hare's argument is instructive nonetheless, for its failure tells us something about wrongs and harm as well as utility and political obligation.


Understanding The General Will, Richard Dagger Sep 1981

Understanding The General Will, Richard Dagger

Political Science Faculty Publications

While I do not accept all of these rationalistic readings of the general will, I do share the general conviction that we can make sense of Rousseau's concept, and his argument, without resorting to metaphysics or psychology. What I shall offer here, accordingly, is in some respects only a variation on a theme now well known to students of Rousseau's political philosophy. It is an important variation nonetheless, for it enables us to reconcile passages in the Social Contract which otherwise appear to be contradictory. That, at least, is what I shall argue in this essay.


Restitution, Punishment, And Debts To Society, Richard Dagger Jan 1980

Restitution, Punishment, And Debts To Society, Richard Dagger

Political Science Faculty Publications

Of the many developments in the area of criminal justice over the last twenty years or so, the rediscovery of the victim may well be the most heartening. This rediscovery has produced both a new field of study, victimology, and a number of interesting programs and proposals that aim to redress the injuries suffered by the victims of crime. To this point, however, the rediscovery of the victim has not worked a fundamental transformation of our system of criminal justice. The question I wish to address here is whether it should do so.