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Duty to Obey the Law Explored

This research article examines the question of whether there is a duty to obey the law. It considers different positions on this issue. First, it addresses the view that there is an absolute obligation to obey the law in all circumstances. However, this "naïve legalistic" view has few supporters. Alternatively, some support a "prima facie" duty to obey the law, except in cases where the law permits disobedience. The research will further explore definitions of law from legal theorists, the nature and functions of law, the relationship between rights and duties, and constitutional provisions on rights and duties in India. It will also analyze perspectives from Athenian thinkers and modern philosophers on whether there is a duty to obey the

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Rohit Kumar
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19 views3 pages

Duty to Obey the Law Explored

This research article examines the question of whether there is a duty to obey the law. It considers different positions on this issue. First, it addresses the view that there is an absolute obligation to obey the law in all circumstances. However, this "naïve legalistic" view has few supporters. Alternatively, some support a "prima facie" duty to obey the law, except in cases where the law permits disobedience. The research will further explore definitions of law from legal theorists, the nature and functions of law, the relationship between rights and duties, and constitutional provisions on rights and duties in India. It will also analyze perspectives from Athenian thinkers and modern philosophers on whether there is a duty to obey the

Uploaded by

Rohit Kumar
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

SCHOOL OF LAW, RAFFLES UNIVERSITY,

RAJASTHAN

RESEARCH ARTICLE

“Is there a duty to obey Law?”

Name: Mohit Sharma

Course: B.B.A+LL.B.

Roll No.: L/1552

Contact: 9602188821

E-Mail: mohitsharma2676@[Link]

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Obedience of Law- There is a variety of positions that might be taken concerning the question
of whether or not there is a duty to obey the law. First, there is the view that there is an absolute
legal obligation to obey the law, one which holds that we ought always to obey the law no
matter what because the law is the law and it ought always to be obeyed. This naïve legalistic
notion of the duty to obey the law has few, if any, takers.

This research considers the issue of rights and duties in the context of social relations based on
persistent exchange processes. Rights and duties that acquire a functional nature in such context
are characterized in a tentative formal way. A possible connection between functional rights
and duties and the issue of morality as a regulation mechanism. Every right has a corresponding
duty. Therefore, there can be no duty unless there is someone to whom it is due. There can be
no right without a corresponding duty or a duty without a corresponding right, just as there
cannot be parent without a child. Every duty is a duty towards some person or persons in whom
a corresponding right is vested.

But a legalistic view that has proponents is the one that states that there is a prima facie legal
obligation to obey the law because the law is the law and it ought to be obeyed except in
circumstances where the law permits disobedience.

This Research further includes:

 Introduction?
 Definitions of Law given by various jurists?
 Salmond
 Gray
 Austin
 Holland
 Hart
 Roscoe Pound
 Erskine
 Nature of Law?
 Whether law is Science or arts.
 Max Weber
 Hart

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 Functions of Law?
 Corley
 Reed
 Role of Law in Society?
 J C Carter.
 Holland.
 Are Rights and Duties Co-relatives?
 Relationship between Rights and Duties?
 What are the Constitutional Provisions given to Rights and Duties in India?
 Is there a duty to obey Law?
 Athenian
 Socrates
 Honores and Rawls.
 Conclusion?

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