Chapter 11 : Grounds and Limits of Political Obligation

Grounds and Limits of Political Obligation

Political obligation is a prominent issue in political philosophy concerned with how far, when, and why an individual is obliged to obey the law and the commands of political authority.

• It encompasses duties necessary for maintaining political institutions, such as payment of taxes, political participation, voting, jury service, and military duty.
• Political philosophy inquires into the logical and moral grounds of this obligation to determine its proper scope and limits.

[I] Theories of Unlimited Obligation

The Doctrine of Force Majeure

• Core Premise: The superior strength of the state is the source of political obligation.
• Mechanism: The state is so powerful that the individual has no option but to obey. Obligation is based on the fear of punishment or unpleasant consequences following disobedience.
• View of Authority: The state/government is the embodiment of political authority, and its invincible power is the source of that authority.
• Criticism: It lacks moral grounding. It relies on the dubious rule of 'might is right', denies the individual the right to judge if a law is right or wrong, and resembles surrender to an armed robber rather than willing obedience.

Divine Right Theory

• Core Premise: The authority of the sovereign is derived from God; obedience to the state is as imperative as obedience to God.
• Historical Context: Early hints exist in ancient Indian political thought. Developed in Europe during the ascendancy of monarchy. Recently upheld in pre-communist Tibet and some tribal kingdoms.
• Major Exponent: Robert Filmer (1588–1653).
• Implications: Establishes obligation on religious rather than moral grounds. If a King turns out to be a tyrant, people have to obey him as a punishment for their sin.
• Example: James I of England (1566–1625) sought to justify his tyrannical rule precisely on this ground.
• Distinction from Charismatic Authority: Some writers incorrectly equate this theory with 'charismatic authority'.
• Charismatic authority is personal, based on mystical qualities, and vanishes with the person.
• Divine right theory concedes the inheritance of authority, making it akin to 'traditional authority'.
• Criticism: Denies the individual's right to exercise judgement or resist wrong commands.

Conservative View

• Core Premise: Upholds…