The Ethics of Deference
Learning from Law's Morals
Part of Cambridge Studies in Philosophy and Law
- Author: Philip Soper, University of Michigan, Ann Arbor
- Date Published: January 2003
- availability: Available
- format: Paperback
- isbn: 9780521008723
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Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.
Read more- Differs from the standard approach to political obligation by shifting from the language of obedience to that of deference
- The writing is based on impressive command of the literature in moral and political philosophy as well as the jurisprudential literature
- Will be of interest to students in philosophy, legal theory and political science
Reviews & endorsements
'The Ethics of Deference is an admirably clear book, presenting a thoroughly novel take on its subject-matter … worthy of close attention.' Modern Law Review
See more reviews'Clearly presented and persuasively argued, Soper's account of the ethics of deference covers a wide range of legal, political, and moral issues from authority and autonomy, to obligation and the nature of reasons. … Soper offers an insightful analysis … His most original and contentious position, that the law has authority but does not claim it, is one that he makes intuitively appealing. Soper's thesis gives one the power to approach the law rationally, and to consider the pros and cons of adhering to its norms.' Res Republica
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×Product details
- Date Published: January 2003
- format: Paperback
- isbn: 9780521008723
- length: 206 pages
- dimensions: 228 x 153 x 16 mm
- weight: 0.336kg
- availability: Available
Table of Contents
Part I. Law's Morals:
1. Introduction
2. Understanding authority
3. Claiming authority
4. The nature of law
Part II. The Ethics of Deference:
5. The puzzle of promise
6. The problem of fair play
7. Political obligation
8. The nature of deference.
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