The Consent Theory of Political Obligation by Harry Beran

Author:Harry Beran [Beran, Harry]
Language: eng
Format: epub
Tags: Political Science, General
ISBN: 9781000704723
Google: BPe-DwAAQBAJ
Goodreads: 49597129
Publisher: Routledge
Published: 2019-11-19T00:00:00+00:00

Notes

1. A. Gewirth (1962) and S.I. Benn and R.S. Peters (1969, especially pp. 326–31 and 343–4) also link political obligation and authority with voting in democratic elections but less closely so than do Raphael, Plamenatz and Downie. Nevertheless, the third and fourth objections made below to the theory as held by the latter writers also apply to the version of the theory held by Gewirth and Benn and Peters.

2. Neither Hart nor Rawls nor Richards is likely to claim that paternalistic laws should not be enacted by the state. Hart’s remarks in Law, Liberty and Morality (1969), pp. 30–4, make it fairly clear that he is in favour of some paternalistic legislation. Rawls’s hypothetical contractors in the original position would, presumably, agree on a principle requiring paternalism. For they would know that some adults do extremely harmful, irreversible acts which they later regret having done. And they would agree that they would like to be stopped by others should they ever want to do such irrational acts themselves. Compare Richards (1971, p. 192).

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