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Law

Political Science Faculty Publications

Legal Studies

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Full-Text Articles in Social and Behavioral Sciences

Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger Jun 2018

Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

According to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to ...


Play Fair With Punishment, Richard Dagger Apr 1993

Play Fair With Punishment, Richard Dagger

Political Science Faculty Publications

If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources.