PHL271H1 Lecture Notes - Lecture 5: Order Of The British Empire, Stop Sign, Potluck

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6 Aug 2022
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Smith, is there a prima facie duty to obey the law?". Smith"s article proceeds by examining a number of major arguments for the duty to obey the law and showing that they are not successful. Smith understands the duty to obey the law as a prima facie one (see the intro video) Reason to do that thing as long as there isn"t a competing moral duty no moral consideration pulling you in the opposite direction. Ex. prima facie duty to obey the law duty not to speed. Might be exceptions to duty if competing moral considerations have to drive to hospital. Each argument identifies a moral principle (ex. If you receive a benefit, you are required to reciprocate") and tries to show that the duty to obey the law can be inferred from that principle. Analogous to parents (plato) children owe duty of gratitude to parents for bringing them into existence & taking care of them.

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