Political Authority: Right to Coerce and Duty to Obey

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Problem of Political Authority:
An Examination of the Right to Coerce and the Duty to Obey
 
by
 Michael Huemer
 
1
 
Political parable - vigilante scenario
 
 They probably won’t feel a duty to pay
 They will likely consider your actions “outrageous” and “naked
extortion.”
 On the face of it, your activities are of the same kind as those of a
government.
 
2
 
Political authority = right to rule + duty to obey
 
Political legitimacy: the right to rule.
Political obligation: the obligation on the part of citizens to obey
their government
Does not mean merely that one must do things the government
commands (“don’t murder people”) but because the government
said so
 Actions vs agents - we can add procedural niceties to our vigilante
example. It is the 
who
 which matters
 
3
 
Traditional Social Contract Theory
 
 Most common account for last 400 years
 Political obligation is a species of contractual obligation: citizens
must obey the law because they have agreed to do so.
 Explicit social contract theory - Locke
 
4
 
Implicit social contract theory - indicated by conduct
 
passive consent - board meeting chairman asks “any objections?”
consent by acceptance of benefits - restaurant scenario, ordering
a meal
by presence - party scenario, “anyone who wants to stay must
agree to help clean up”
through participation - lottery
 
5
 
Conditions for valid agreements
 
Valid consent requires a reasonable way of opting out.
Explicit dissent trumps alleged implicit consent.
An action can be taken as indicating agreement to some scheme,
only if one can be assumed to believe that, if one did not take that
action, the scheme would not be imposed upon one.
Contractual obligation is mutual and conditional.
 
6
 
Is the implicit social contract valid?
 
Difficulty of opting out
The failure to recognize explicit dissent
Unconditional imposition - rules out nearly all of the ways in
which citizens are said to implicitly accept the social contract.
The absence of mutual obligation, e.g. failure to protect against
crime
 
7
 
Hypothetical Contract Theory
 
Why would hypothetical consent be compelling? Unconscious
patient scenario.
Two conditions:
 obtaining actual consent impossible or infeasible
 hypo consent must be consistent with their actual values
Hypothetical consent as evidence of reasonableness -  John Rawls
“A Theory of Justice” (1971)
 
8
 
Reasonable?
 
Rawls 
veil of ignorance
.
Could agreement be reached?
Is hypo consent valid? How does it establish political authority?
Employer scenario: Wonderful and reasonable offer …
 Shipwrecked stranded on an island with limited game.
 
9
 
Validity of Hypothetical Consent
 
Appeal to fair outcomes. Counterex: Car buying scenario.
There is no compelling reason to think that the only true moral
principles are those that are derived from the hypothetical
contract.
procedural acceptability 
vs
 substantive correctness
 
10
 
The Authority of Democracy
 
Naïve majoritarianism - the Bar Tab scenario
Deliberative democracy and legitimacy - can procedure make
something right?
Argument from Equality
Literal equality is impossibly demanding.
respecting others judgements 
vs
 disobeying unjust laws
Maybe you are, in fact, better than most other people at moral reasoning, or understanding
something.
 Bar tab. Who is being disrespectful and acting above others, students or prof?
 
11
 
Consequentialism and Fairness
 
Benefits of government - police, law, military defense
Huemer grants the assumption of benefits in this chapter.
Duty to do good (implies you should recognize pol auth)
 But this duty need not be absolute or unqualified.
 Child in shallow pond scenario and variations. Alone or many,
dangerous or not, etc.
 Arg goes: General obedience to the law is necessary for the state to
function. But one person disobeying does not significantly affect that.
 
12
 
Consequentialism and Fairness 
cont’d
 
Rule consequentialism arg: What if everyone broke the law? But the “if
everyone” heuristic is often wrong. “What if everyone became a
philosopher?”
Fairness of political obligation. I.e. Disobedience is unfair to other
members of society. (It is not unfair to become a philosopher.)
Leaking lifeboat scenario. It seems unfair to let others do all the bailing
work.
 
This does not imply fealty or obligation to obey
 If obedience to laws is to achieve the benefits above, then any law that does
not contribute to benefits may be disobeyed.
 
13
 
Modified leaking lifeboat scenario, more like actual.
 
All passengers shall start bailing water out of the boat;
they shall pray to Poseidon to ask for his mercy;
they shall flagellate themselves with belts to prove their
seriousness; and
they shall each pay $50 to Sally, who helped Bob get elected.
 
14
 
Consequentialism and Fairness 
misc.
 
Fair Play doctrine does not obligate dissenters, people who sincerely oppose.
Normally wrong to threaten or coerce others to force compliance
Perhaps: If harm is bad enough, you may coerce. (Force people to bail. Steal a
car to get someone to the hospital.) Even here, this entitlement is neither
comprehensive nor content-independent.
6 of 9  types of govt activity seem not to be justified on consequentialist
grounds.
Consequentialism does not seem to support State supremacy or monopoly
privilege.
 
15
 
Psychology of Authority
 
Argumentum ad populum - Hume, Klosko argued this way!
Milgram experiments.
Stanford prison “experiment.”
Dangers of obedience - disposition to obey is strong.
Cognitive dissonance - oppression made people *more* positive about authority!
Status quo bias and “social proof.”  Line comparison experiment.
Power of political aesthetics. Symbols, rituals, authoritative language.
Stockholm Syndrome and charisma of power.
Case studies like My Lai.
 
16
 
What if there is no authority?
 
philosophical anarchism 
vs
 political anarchism
policy implications
Taxation
 
- govt finance - alts: user fees, discriminatory pricing for poor, competing services
Aid to the poor
No authority - implications for agents, citizens.
 Foundations of libertarianism
 
A nonaggression principle in interpersonal ethics.
 A recognition of the coercive nature of government.
 A skepticism of political authority.
 
17
 
Evaluating Social Theories
 
Rational evaluation
 comparative and comprehensive
 varieties of government and anarchy (Nazi Germany and Somalia)
 beware of status quo bias
Simplified conception of human nature
 approximately rational
 aware of their environment
 selfish but not sociopathic
Utopianism and realism
 
18
 
The Logic of Predation
 
Hobbes argument for govt
Game theoretic considerations
Social values affecting prevalence of violence
Interstate violence
Predation in a totalitarian State
Predation under democracy
 
19
 
Individual security in a stateless society
 
Non-state system - protection agencies & arbitration firms
Conflicts between protectors
Protection for criminals
Justice for sale objection
Security for the poor
Quality of protection, organized crime, cartelization
HOA vs government
 
20
 
From Democracy to Anarchy
 
Outsource courts, police, and end standing armies
Legislated to market-generated law
Geographical spread of anarchy
 Importance of ideas
 
21
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This presentation delves into the concepts of political authority, legitimacy, and obligation, examining the right to rule and the duty of citizens to obey their government. It contrasts vigilante scenarios to government actions, discusses social contract theories, differentiating explicit and implicit consent, and debates the validity of the implicit social contract. The conditions for valid agreements and the challenges of opting out are also considered.

  • Political Authority
  • Social Contract Theory
  • Government Obligation
  • Duty to Obey
  • Legitimacy

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  1. 1 Problem of Political Authority: An Examination of the Right to Coerce and the Duty to Obey by Michael Huemer

  2. 2 Political parable - vigilante scenario They probably won t feel a duty to pay They will likely consider your actions outrageous and naked extortion. On the face of it, your activities are of the same kind as those of a government.

  3. 3 Political authority = right to rule + duty to obey Political legitimacy: the right to rule. Political obligation: the obligation on the part of citizens to obey their government Does not mean merely that one must do things the government commands ( don t murder people ) but because the government said so Actions vs agents - we can add procedural niceties to our vigilante example. It is the who which matters

  4. 4 Traditional Social Contract Theory Most common account for last 400 years Political obligation is a species of contractual obligation: citizens must obey the law because they have agreed to do so. Explicit social contract theory - Locke

  5. 5 Implicit social contract theory - indicated by conduct passive consent - board meeting chairman asks any objections? consent by acceptance of benefits - restaurant scenario, ordering a meal by presence - party scenario, anyone who wants to stay must agree to help clean up through participation - lottery

  6. 6 Conditions for valid agreements Valid consent requires a reasonable way of opting out. Explicit dissent trumps alleged implicit consent. An action can be taken as indicating agreement to some scheme, only if one can be assumed to believe that, if one did not take that action, the scheme would not be imposed upon one. Contractual obligation is mutual and conditional.

  7. 7 Is the implicit social contract valid? Difficulty of opting out The failure to recognize explicit dissent Unconditional imposition - rules out nearly all of the ways in which citizens are said to implicitly accept the social contract. The absence of mutual obligation, e.g. failure to protect against crime

  8. 8 Hypothetical Contract Theory Why would hypothetical consent be compelling? Unconscious patient scenario. Two conditions: obtaining actual consent impossible or infeasible hypo consent must be consistent with their actual values Hypothetical consent as evidence of reasonableness - John Rawls A Theory of Justice (1971)

  9. 9 Reasonable? Rawls veil of ignorance. Could agreement be reached? Is hypo consent valid? How does it establish political authority? Employer scenario: Wonderful and reasonable offer Shipwrecked stranded on an island with limited game.

  10. 10 Validity of Hypothetical Consent Appeal to fair outcomes. Counterex: Car buying scenario. There is no compelling reason to think that the only true moral principles are those that are derived from the hypothetical contract. procedural acceptability vs substantive correctness

  11. 11 The Authority of Democracy Na ve majoritarianism - the Bar Tab scenario Deliberative democracy and legitimacy - can procedure make something right? Argument from Equality Literal equality is impossibly demanding. respecting others judgements vs disobeying unjust laws Maybe you are, in fact, better than most other people at moral reasoning, or understanding something. Bar tab. Who is being disrespectful and acting above others, students or prof?

  12. 12 Consequentialism and Fairness Benefits of government - police, law, military defense Huemer grants the assumption of benefits in this chapter. Duty to do good (implies you should recognize pol auth) But this duty need not be absolute or unqualified. Child in shallow pond scenario and variations. Alone or many, dangerous or not, etc. Arg goes: General obedience to the law is necessary for the state to function. But one person disobeying does not significantly affect that.

  13. 13 Consequentialism and Fairness cont d Rule consequentialism arg: What if everyone broke the law? But the if everyone heuristic is often wrong. What if everyone became a philosopher? Fairness of political obligation. I.e. Disobedience is unfair to other members of society. (It is not unfair to become a philosopher.) Leaking lifeboat scenario. It seems unfair to let others do all the bailing work. This does not imply fealty or obligation to obey If obedience to laws is to achieve the benefits above, then any law that does not contribute to benefits may be disobeyed.

  14. 14 Modified leaking lifeboat scenario, more like actual. All passengers shall start bailing water out of the boat; they shall pray to Poseidon to ask for his mercy; they shall flagellate themselves with belts to prove their seriousness; and they shall each pay $50 to Sally, who helped Bob get elected.

  15. 15 Consequentialism and Fairness misc. Fair Play doctrine does not obligate dissenters, people who sincerely oppose. Normally wrong to threaten or coerce others to force compliance Perhaps: If harm is bad enough, you may coerce. (Force people to bail. Steal a car to get someone to the hospital.) Even here, this entitlement is neither comprehensive nor content-independent. 6 of 9 types of govt activity seem not to be justified on consequentialist grounds. Consequentialism does not seem to support State supremacy or monopoly privilege.

  16. 16 Psychology of Authority Argumentum ad populum - Hume, Klosko argued this way! Milgram experiments. Stanford prison experiment. Dangers of obedience - disposition to obey is strong. Cognitive dissonance - oppression made people *more* positive about authority! Status quo bias and social proof. Line comparison experiment. Power of political aesthetics. Symbols, rituals, authoritative language. Stockholm Syndrome and charisma of power. Case studies like My Lai.

  17. 17 What if there is no authority? philosophical anarchism vs political anarchism policy implications Taxation- govt finance - alts: user fees, discriminatory pricing for poor, competing services Aid to the poor No authority - implications for agents, citizens. Foundations of libertarianism A nonaggression principle in interpersonal ethics. A recognition of the coercive nature of government. A skepticism of political authority.

  18. 18 Evaluating Social Theories Rational evaluation comparative and comprehensive varieties of government and anarchy (Nazi Germany and Somalia) beware of status quo bias Simplified conception of human nature approximately rational aware of their environment selfish but not sociopathic Utopianism and realism

  19. 19 The Logic of Predation Hobbes argument for govt Game theoretic considerations Social values affecting prevalence of violence Interstate violence Predation in a totalitarian State Predation under democracy

  20. 20 Individual security in a stateless society Non-state system - protection agencies & arbitration firms Conflicts between protectors Protection for criminals Justice for sale objection Security for the poor Quality of protection, organized crime, cartelization HOA vs government

  21. 21 From Democracy to Anarchy Outsource courts, police, and end standing armies Legislated to market-generated law Geographical spread of anarchy Importance of ideas

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