Limits on Political Authority

1
Limits on Political Authority

• Morality laws obligate only if they are moral,
  that is, if they are consistent with reason or
  the natural law (Stoics). Civil disobedience is
  permitted if laws violate the common good, are
  based on illegitimate authority, distribute
  burdens inequitably, or challenge religious
  beliefs/conscience (Aquinas)
• Response laws are obligating not because they
  are moral but simply because they are enacted by
  a legitimate authority (Positivism)

2
Limits on Political Authority (continued)

• Liberty laws should respect freedom by
  regulating only actions that harm others. Where
  behavior is merely offensive, only social
  pressure is permitted. Where self-improvement or
  the development of personal preference or
  conscience is concerned, only persuasion is
  permitted (J. S. Mill)
• Objection the lines between public and private,
  or between harmful, offensive, and personal
  preference, are difficult to identify

3
Limits on Political Authority (continued)

• Human rights laws are binding only if they
  protect justified claims and acknowledge the
  duties of others to respect those claims
• Legal rights are based on civil laws moral or
  human rights are based on nature
• Negative rights (e.g., to privacy) presume that
  individuals should be allowed to act without
  interference positive rights (e.g., to education
  or health care) presume that society has
  obligations to help individuals

4
Limits on Political Authority (continued)

• International relations nations are regulated
• only by force or power (political realism)
• Objection this makes morality irrelevant
• by principles of peace (pacifism)
• Objection pacifism is unworkable practically
• by principles of self-defense (just war)
• Objection excuses for war justifications