The Annals of Legal Philosophy
Online ISSN : 2435-1075
Print ISSN : 0387-2890
The Duty to Obey the Law is not Particular
Hirohide TAKIKAWA
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JOURNAL OPEN ACCESS

2009 Volume 2008 Pages 181-189

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Abstract
This paper aims to demonstrate the thesis that the duty to obey the law is not particular. To show this. I begin by examining the difference between the duty to obey the law and political obligation, though they are usually used interchangeably. I argue that aliens staying in a host state do have the former but not the latter. Thus the duty to obey the law does, pace John A. Simmons, not meet the particularity requirement, while political obligation does. The duty to obey the law is rather regarded as the duty to reach a global juridical state (status iuridicus), which is discussed by Immanuel Kant. I conclude that we owe political obligation only insofar as it is a useful way to discharge such a universal duty.
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© 2009 The Japan Association of Legal Philosophy
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