Name- Vikash Kumar Bhagat

Sem- VIII A Roll- 301

Why do we obey law?

Do we have any obligation to obey law? Is there any moral or legal obligation?

In the article titled on the Moral obligation to obey the law, the author G.C. Christie by
focusing on the claims of MBE Smith that there cannot be a moral obligation to obey law argued
that there cannot be such moral obligation without the consent of subjects. He referred that
Donald Regans point that recognition of legal obligation to behave in a particular manner does
not entail that one has moral obligation to behave in that manner. He claimed that obligation to
obey law is essential to communal life. He argued that if one does not have general moral
obligation to obey the law due to the belief that breaching of law will not harm others or affect
third parties, then such person knows in advance.

In another article, Must we obey? Necessity as ground of obligation, the author Tony Honore
referred the writings of various philosophers like Harts view, knowing or reckless disregard of
legal obligation affords an independent basis of blameworthiness justifying the actors
condemnation as a criminal. J. Raz concludes that there is no obligation to obey law. Simmons
argued that governments do not have the right to be obeyed by their citizens or to force them to
obey, or to punish them for disobedience. The author stated that the obligation of a state to its
citizens is based on necessity not by choices i.e. kind of forced associated. Therefore, he argued
that citizens should not be bound to associate with his own state. Further, he argued that notion
of moral and political obligation should reflect this dependency of citizen with his fellow
citizens.

In the article titled inventing the obligation to obey the law, the author John Marshall stated
that there is a prima facie obligation to obey the law based on the John Mackie Reports. John
argues that the obligation should not be absolute. The obligation that he supports lies between
that of a final obligation to obey the law as it demands to be obeyed and that of a mere prima
facie reason to obey. The notion of obligation excludes some other considerations but such
obligation can itself be overruled.
In article titled why should I obey law, the author John Carnes quoted the John Austins claim
that law is the command of sovereign and stated that the answer to the question- why should I
obey the law? Will depend upon the understanding of nature and authority of state, concept of
citizen, the relationship of obligation between citizen and citizen and between state and citizen.

In article titled law as a matter of democractic discourse, the author Rajeev Kadambi quoted
and analysed various views of philosphers and raised important issues like Why should people
observe this law as an internal standard? Why do people obey it merely because obedience is a
rational thing to do?

Fundamentally, we are social creatures. As Aristotle is rightly quoted that Man is a social
animal. We desire to integrate with other people in the society so that we can pursue our life
happily without any fear from others. For this purpose, we need mechanisms through which we
can isolate such people who do not act in conformity. People who affect the well being of other
people would be corrected by means of punishment. And it is the law which provides various
punishments for wrongdoers.

According to H.L.A. Hart, an obligation exists by virtue of rule. Every obligation is a normative
judgment, and normative judgments imply social rules.

In my research work, I will try to figure out under what circumstances it becomes necessary to
citizen to obey law passed by the state. From where we derive obligation to obey law? Do we
obey law just because other citizens are obeying law?

If any action such as breaking promise or telling lie will not harm to any other person then such
act does not contravene the moral obligation. Then it can be said that there is not always moral
obligation to tell truth or to keep promises. Therefore, it can be concluded that moral obligation
to do certain act is suspended in certain circumstances. Whatever moral obligations one person
derive such as stopping at red light do not come by virtue of law but from the social coordination
among subjects. Critics might argue that one can stop at red light as there is police to stop created
by law. This study will explore the various aspects related to the need of citizen to obey law in
the context of modern world. If law is not obeyed by the citizen, then what would be
consequences? Is there any standard criteria to fix what is moral and immoral? do norms shapes
moral or legal obligation?