Keith Mack
The question of why we should obey the law has been the subject of debate among economists, philosophers, sociologists, and legal scholars for decades. In a civil society, laws are designed to protect individuals from harm, promote the common good, and ensure order, justice, and the protection of individual rights. Obedience to the law is a solemn duty that we owe to ourselves and future generations, as it upholds the pillars of a collaborative society and ensures the preservation of our values. While individuals may have different reasons for obeying the law, ranging from self-interest to concern for the well-being of society as a whole, it is generally agreed that law-abiding behaviour contributes to the safety and well-being of our communities.
| Characteristics | Values |
|---|---|
| To avoid conflict and undesirable situations | Coordination Theory |
| To signal new information and beliefs | Expressive Theory |
| To protect oneself | Self-interest |
| To protect others | Concern for others |
| To protect society | Concern for society |
| To ensure order, justice, and protection of individual rights | Social contract |
| To promote the common good | Collective welfare |
| To avoid legal penalties, social ostracism, and loss of rights | Compliance |
| To support political institutions | Political obligation |
| To uphold fairness | Fair play |
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What You'll Learn
Laws are a social contract between individuals and society
Laws are an integral part of any society, serving as the very fabric that holds it together. They are designed to protect individuals from harm, promote the common good, and ensure order, justice, and the protection of rights. Obedience to the law is not merely a matter of personal choice but a duty that we owe to ourselves and future generations. This obedience represents a social contract between individuals and their society, a pact rooted in mutual consent and collective responsibility.
The concept of a social contract is a well-established idea in political philosophy, with philosophers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau developing it over the centuries. At its core, the social contract theory posits that individuals in a state of nature voluntarily come together to form a society and establish laws to protect their rights and ensure their security. In doing so, they relinquish certain freedoms and consent to be governed by an impartial power capable of arbitrating disputes and enforcing the law.
According to Hobbes, life in a state of nature without political order and law would be "solitary, poor, nasty, brutish, and short". In such a state, individuals would have unlimited natural freedoms, including the freedom to plunder, rape, and murder, leading to a constant "war of all against all". To escape this anarchic condition, Hobbes argues that individuals enter into a social contract, agreeing to subject themselves to an absolute sovereign who possesses the authority to enforce the law and maintain order.
Locke, on the other hand, differed from Hobbes by conceiving of the state of nature as a condition where humans are free, equal, and independent, with natural rights to life, liberty, and property. He argued that individuals form a social contract to establish an impartial government that can protect these natural rights. Importantly, Locke maintained that the obligation to obey civil government under the social contract was conditional upon the protection of these rights, and sovereigns who violated these terms could be justifiably overthrown.
Rousseau further developed the social contract theory, arguing that the laws that govern people help mould their character. For Rousseau, the social contract is based on popular sovereignty and mutual insurance, where individuals agree to refrain from governing each other, each maintaining complete sovereignty over themselves.
In the context of the social contract, obeying the law becomes a matter of upholding the very foundations of society. By obeying the law, individuals contribute to the safety and well-being of their communities, promoting order and justice, and protecting the rights of their fellow citizens. Disobedience to the law, on the other hand, poses a threat to public safety and undermines the legitimacy of the legal system, eroding public trust in the institutions of governance.
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Laws ensure order, justice and protection of rights
Laws are essential for maintaining societal order, ensuring justice, and protecting the rights of individuals. They provide a framework that promotes coordination and harmony within a community, enabling people to coexist peacefully and work towards common goals.
One of the primary functions of laws is to establish order by setting clear rules and guidelines that govern our behaviour. These rules help to define our rights and responsibilities, providing a sense of structure and predictability in our daily lives. For instance, laws against theft or assault deter individuals from infringing upon the rights of others, thus maintaining social order.
Laws also play a crucial role in ensuring justice. They provide mechanisms for resolving disputes, holding individuals accountable for their actions, and providing remedies for wrongdoings. The legal system, with its established procedures and principles, allows for the impartial administration of justice, where conflicts can be addressed through established channels. This promotes fairness and equality before the law, ensuring that everyone has equal access to justice, regardless of their background or status.
Additionally, laws protect the rights of individuals, guaranteeing their freedoms and safeguarding them from infringement. These rights encompass a wide range of areas, including freedom of speech, religion, assembly, and protection against discrimination based on factors such as race, gender, or disability. By enshrining these rights in law, individuals are empowered to defend their freedoms and hold authorities accountable if their rights are violated.
International and regional organizations, such as the United Nations and the Council of Europe, have also played a significant role in promoting and protecting human rights through the establishment of treaties, conventions, and declarations. For example, the UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) specifically aims to promote gender equality and protect the rights of women worldwide.
Lastly, laws provide a means of redress when rights are violated. Legal systems offer avenues for individuals to seek justice and hold perpetrators accountable, whether through criminal prosecutions or civil lawsuits. This aspect of the law ensures that victims have access to remedies, compensation, and a platform to seek justice.
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People obey the law to avoid legal consequences
The coordination theory, proposed by Professor Richard McAdams, supports the idea that people obey the law to avoid undesirable situations. According to this theory, laws serve as focal points for coordination, helping individuals avoid conflict and potential harm. For example, a one-way traffic sign is effective not because of sanctions or legitimacy but because following it prevents head-on collisions. People obey such laws to maintain order and avoid negative outcomes, regardless of the legal repercussions.
Additionally, the legitimacy of the law as a source of authority plays a role in encouraging obedience. Sociologists argue that people obey the law because they perceive it as a legitimate authority. This legitimacy stems from the belief that laws are established for the collective good and are essential for maintaining social order. By obeying the law, individuals demonstrate their recognition of this authority and their willingness to uphold societal norms.
While deterrence, coordination, and legitimacy are significant factors, Professor McAdams highlights that the law also operates expressively. Laws signal new information and beliefs, influencing individuals to update their behaviour. For instance, changing social attitudes towards the harmful effects of second-hand smoke can lead to stricter smoking regulations, and individuals may modify their smoking habits to align with these evolving norms.
It is important to note that the decision to obey the law is influenced by a combination of factors, including self-interest, concern for others, and the well-being of society. People may obey the law to avoid legal consequences, but also to contribute to social stability, cooperate with others, and express their values.
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![Legal Obedience, in Opposition to Unlimited; the Subjects [sic.] Necessary Duty, and a Prince's Best Security. A Sermon Preached January the 30th, ... in the Parish of St. James's, Westminster,](https://m.media-amazon.com/images/I/61oIJZjfpCL._AC_UY218_.jpg)
Laws are based on fairness and mutual benefit
In the context of work, fairness and justice are also important. It is considered unjust when individuals with connections to people in power receive preferential treatment, such as a judge's nephew receiving a lenient sentence or a director's brother being awarded a contract despite lower bids. Fairness and justice also extend to the distribution of benefits and burdens within a society. It is generally accepted that it is fair for the government to provide benefits to the needy while excluding the more affluent. Additionally, those who contribute more to a project or exert greater effort are often considered deserving of a larger share of the benefits.
Laws are established to uphold fairness and justice, and they are meant to be accessible, clear, stable, and uniformly applied. Legal obedience, however, is not solely a sign of a "good citizen," as even those who obey the law can commit wrongdoings. The legitimacy of laws is crucial, as people are more likely to comply when they view the law as a legitimate authority. Laws facilitate coordination and help avoid conflict or undesirable situations. For example, a one-way traffic sign helps prevent accidents by ensuring that drivers follow the same direction.
While laws are generally based on fairness, there may be occasions when individuals or groups disagree with certain laws and choose to break them for morally positive reasons. Throughout history, people have broken laws to protest against them or to stand up against oppressive governments. In such cases, individuals face a moral dilemma between their personal values and legal duties imposed by the government. It is important to carefully consider the potential consequences, as undermining the rule of law can threaten the stability of democracies.
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Laws are legitimate authority
Laws are an essential part of any society, serving as the guardians of justice, equality, freedom, and individual rights. They are the cornerstones of civilization, ensuring order and the protection of citizens' rights and well-being. Obedience to the law is not merely a personal choice but a duty to oneself, future generations, and the community.
The concept of legitimate authority is central to the discussion of why laws should be obeyed. Legitimacy, in the context of law and governance, refers to the acceptance of authority and the need to obey its commands. According to Max Weber, a prominent sociologist, legitimacy stems from three sources: tradition, charisma, and rational-legal authority. Traditional authority is rooted in customs and traditions passed down by leaders and is often linked to religious beliefs and practices. Charismatic authority, on the other hand, is based on the unique qualities and influence of certain individuals, such as Joan of Arc and Martin Luther King Jr. Lastly, rational-legal authority, which most modern states fall under, derives its legitimacy from a legal order and the system of bureaucracy and legality. It is characterized by a government that monopolizes the enactment of laws and the legitimate use of force.
The legitimacy of the law is crucial for maintaining social order and effective governance. When laws are seen as legitimate, citizens feel a sense of personal responsibility to comply with them. This sense of obligation stems from the belief that the law serves a greater purpose and is necessary for the functioning of society. Legitimate authority, therefore, creates an obligation to obey. As Rousseau noted, legitimacy justifies the state's exercise of coercive power, distinguishing it from a system of rules that merely expresses power.
The procedures through which laws are created and implemented also play a significant role in shaping citizens' perceptions of legitimacy. Fair and transparent law-making processes enhance the legitimacy of legal authorities. When authorities act in fair and just ways, they encourage immediate acceptance of their decisions and long-term compliance with the law. This was evident in studies by Tyler (1990) and others, which found that people's experiences with legal authorities influenced not only their immediate compliance but also their lasting views on the law and legal authorities.
In conclusion, laws are legitimate authority figures because they are founded on principles of justice, equality, and freedom, and their legitimacy is derived from various sources, including tradition, charismatic leadership, and rational-legal systems. Legitimate authority creates an obligation for citizens to obey the law, contributing to social order and the protection of rights and freedoms.
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Frequently asked questions
Laws are designed to protect individuals from harm and promote the common good. By obeying these laws, citizens contribute to the safety and well-being of their communities. Disobeying the law poses a threat to public safety and endangers the lives and livelihoods of innocent bystanders.
The social contract theory, proposed by philosophers such as Thomas Hobbes and John Locke, suggests that individuals voluntarily give up certain freedoms in exchange for the protection and benefits provided by society. In other words, we agree to obey the laws of the land in return for the benefits of living in a civilised society.
The consequences of breaking the law can be significant and far-reaching, including legal penalties, social ostracism, and loss of rights. Additionally, disobedience can undermine the legitimacy of the legal system, leading to a breakdown in social order and a decline in public trust.
According to Professor Richard McAdams, laws work in two ways: coordination and expression. Coordination theory suggests that laws help people avoid conflict by providing a common set of rules to follow. Expression theory proposes that laws signal new information and beliefs, causing people to update their behaviour accordingly.
One philosophical argument for obeying the law is the principle of fair play. This suggests that we have a moral obligation to uphold our end of the social contract by obeying the law, as others have constrained their freedoms on the premise that we will do the same. Breaking the law can be seen as disrespecting the commitments and agreements we have made with our fellow citizens.
