Kara Sears
The question of why people obey the law has been a topic of debate among economists, philosophers, and sociologists. Various theories have been proposed, including deterrence, legitimacy, coordination, and signaling of new information. While deterrence suggests that legal sanctions influence behavior, sociologists argue that people obey the law because they view it as a legitimate authority. However, some cases, such as religious freedom and civil disobedience, raise questions about the conditions under which obeying the law is obligatory. These discussions often revolve around political and moral philosophy, exploring the nature of political obligation and the argument from fair play.
| Characteristics | Values |
|---|---|
| Deterrence | Legal sanctions influence behaviour |
| Legitimacy | People obey the law because they see it as a legitimate authority |
| Coordination | Law works as a focal point to help people avoid conflict or other undesirable situations |
| Signalling | Law signals information about risk or public attitudes that causes people to update their behaviour |
| Political obligation | People have a moral duty to obey the laws and support the institutions of their political community |
| Fair play | People have an obligation to take on their fair share of the burdens of sustaining a community |
| Civil society | People should not simply opt out of every law they disagree with |
| Religious freedom | Common law cannot be religion-based, and everyone must follow it |
| Vaccination | Everyone must obey health laws to protect each other |
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What You'll Learn
People obey the law if they believe it's legitimate
The idea that people obey the law because they believe it to be legitimate is a concept that has been studied by sociologists and psychologists. Tom Tyler, a psychologist at New York University, argues that people obey the law because they believe in respecting legitimate authority, rather than because they fear punishment. This idea is supported by various scholars and studies.
The concept of legitimacy is crucial to understanding why individuals comply with the law. Legitimacy refers to the perception of legal authorities as both legitimate and generally fair. When people view compliance with the law as appropriate based on their attitudes and moral values, they voluntarily assume the obligation to follow legal rules. This normative perspective on law obedience suggests that individuals shape their behaviour according to their beliefs about how they should act, rather than solely focusing on immediate incentives or penalties.
Procedural justice and distributive justice also play a role in determining the legitimacy of legal institutions. Procedural justice focuses on the fairness of procedures, while distributive justice focuses on the equal distribution of services and outcomes across all people, regardless of their socioeconomic position or race. When individuals feel that they have been treated with respect and that their needs have been considered, they feel more obligated to obey legal institutions.
Additionally, the effectiveness of authorities relies on their legitimacy in the eyes of the public. Beetham argues that institutions gain legitimacy not only by successfully performing their expected functions but also by representing a desirable normative framework that aligns with the values of the populace. This suggests that for laws to be obeyed, the legal system must be worthy of respect and seen as a legitimate authority by the public.
In summary, the belief in the legitimacy of the law and legal authorities is a significant factor in understanding why people obey the law. This belief is influenced by various factors, including procedural and distributive justice, the alignment of values between individuals and institutions, and the perceived fairness and respectfulness of authorities. While deterrence and fear of punishment may also play a role, the concept of legitimacy provides a more comprehensive understanding of law obedience.
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Law as a focal point to avoid conflict
The question of why people obey the law has been widely debated by economists, philosophers, and sociologists. While economists believe deterrence is a key factor, with legal sanctions influencing behaviour, sociologists and psychologists argue that people obey the law because they see it as a legitimate authority.
In his book, *Why People Obey the Law*, Tom Tyler concludes that people are more likely to follow the law if they believe it is legitimate, rather than out of fear of punishment. He suggests that respect for authority is a primary motivator for legal compliance. This idea is supported by Professor Richard McAdams of the University of Chicago Law School, who presents the "coordination theory" in a lecture.
According to McAdams, the law serves as a focal point for coordination, helping people avoid conflict or undesirable situations. For example, a one-way traffic sign is effective because people understand that ignoring it could result in a collision. In this case, obedience to the law is not based on sanctions or legitimacy but on the desire to coordinate with others and avoid conflict.
The coordination theory also applies to situations beyond traffic laws. For instance, in a dispute between two people who wish to avoid an altercation, the law can serve as a common reference point to resolve the issue peacefully. However, McAdams acknowledges that this theory does not apply to everyone, as some individuals may be more confrontational and less inclined to coordinate.
In addition to coordination, the law also plays an expressive role by signalling information about risks and public attitudes, influencing people's beliefs and behaviours. For instance, laws against discriminatory practices communicate societal values of equality and fairness. By following these laws, individuals and organisations contribute to maintaining a peaceful and just society.
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Political obligation and the argument from fair play
The argument from fair play is a theory of political obligation that asserts that citizens are obligated to obey the law because they benefit from the maintenance of the rule of law in their political community. This theory is based on the idea of reciprocity, suggesting that those who benefit from the efforts of others have a moral duty to contribute in return.
In the context of political obligation, the argument from fair play suggests that citizens have a duty to uphold the law because they benefit from the stability and order that it provides. This argument was alluded to by Socrates in Plato's "Crito", where Socrates acknowledges his debt to the laws of Athens for his birth, nurture, and education. He further suggests that disregarding the laws would be unfair to his fellow citizens, as he would be enjoying the benefits of their law-abiding behaviour without bearing the cost himself.
However, the argument from fair play has faced significant criticism. Robert Nozick, for example, argues that simply benefiting from something does not necessarily create an obligation to reciprocate. He gives the example of neighbours investing in a public address system for entertainment. Even if one benefits from this system, it does not mean they are obligated to take their turn in operating it. This criticism highlights the complexity of determining when an obligation to reciprocate arises and the potential flaws in relying solely on the argument from fair play to justify political obligation.
Another criticism of the argument from fair play is presented by George Klosko, who distinguishes between "discretionary" and "presumptive" benefits. Klosko argues that merely receiving a benefit does not impose a duty to reciprocate unless the benefit is essential to one's well-being. For example, emergency services can be considered presumptive benefits that are necessary for an acceptable life. By benefiting from these services, citizens may incur a duty to obey the laws that provide them.
Despite these criticisms, the argument from fair play remains a significant concept in discussions of political obligation. It highlights the importance of fairness and reciprocity in the relationship between citizens and their government. While it may not stand alone as a comprehensive justification for political obligation, it contributes to our understanding of the complex interplay between rights and responsibilities in a political community.
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Religious freedom and common law
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing or sponsoring a religion, ensuring the separation of church and state. On the other hand, the Free Exercise Clause safeguards citizens' right to practice their religion, as long as it does not conflict with public morals or governmental interests.
School District of Abington Township v. Schempp (1963)
The Supreme Court ruled that a Pennsylvania law and the Abington School District's policy, which mandated public-school students to participate in daily Bible verse readings, violated the Establishment and Free Exercise Clauses. This decision affirmed the separation of church and state and protected religious freedom for students.
Braunfeld v. Brown (1961)
The Supreme Court upheld a Pennsylvania "blue law" that allowed only specific businesses to operate on Sundays. The law was challenged by members of the Orthodox Jewish community, who argued that it imposed an economic burden on them due to their religious practices. The Court ruled that the law was constitutional because it had a secular basis and did not prohibit religious observances.
Mitchell v. Helms (2000)
The Supreme Court examined whether a federal program providing educational materials and equipment to schools violated the Establishment Clause. The Court ruled that the program was neutral towards religion, even though many of the beneficiary schools were religiously affiliated. This decision clarified that government assistance must be secular and neutral towards religion.
Burwell v. Hobby Lobby Stores, Inc. (2014)
The Supreme Court permitted a closely held for-profit corporation to deny its employees health coverage for contraceptives based on the religious objections of the corporation's owners. This case highlighted the protection of the religious liberty of closely held corporations and their owners under the Religious Freedom Restoration Act.
Town of Greece v. Galloway (2014)
The Supreme Court ruled that legislative prayer is compatible with the Establishment Clause, even though it is religious in nature. This decision acknowledged the long-standing tradition of legislative prayer in American history.
Gonzales v. O Centro Espirita Beneficente Uniao Do Vegetal (2006)
The Supreme Court upheld the sacramental use of a hallucinogenic substance by a religious group under the First Amendment's Free Exercise Clause. This case affirmed the right of religious groups to practice their faith without undue interference from the government.
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Self-interest, concern for others, and well-being
People have a variety of reasons for obeying the law, and these can be categorised into three groups: self-interest, concern for others, and concern for the well-being of society as a whole.
Self-interest
People may obey the law out of self-interest, or because they believe it is the right thing to do. This perspective is known as the normative perspective, and it is concerned with what people regard as just and moral, as opposed to what is in their self-interest. People who obey the law for this reason voluntarily assume the obligation to follow legal rules.
Concern for others
Some people obey the law because they are concerned about the impact of their actions on others. For example, they may not want to endanger the lives and livelihoods of innocent bystanders.
Well-being
Obeying the law contributes to the safety and well-being of communities. Laws are designed to protect individuals from harm and promote the common good. By obeying the law, individuals help to maintain order, justice, and the protection of rights. This perspective can be likened to the social contract theory, which posits that individuals voluntarily give up certain freedoms in exchange for the protection and benefits provided by society.
It is important to note that legal obedience does not necessarily make someone a "good citizen". There are times when breaking a law may be considered morally justifiable, such as in the case of protesting an unjust law or rebelling against a tyrannical government. However, these actions should not be taken lightly, as they can undermine the rule of law, which is essential for stable democracies.
In conclusion, while people may have different motivations for obeying the law, it is a duty that we owe to ourselves, to others, and to future generations.
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Frequently asked questions
Economists believe that deterrence is the main factor, with legal sanctions influencing behaviour. Sociologists, on the other hand, argue that legitimacy is the main reason, with people obeying the law because they see it as a legitimate authority.
In the Employment Division v. Smith case, the Supreme Court ruled that everyone must obey the law, without religious exceptions. This prevented religious organizations from discriminating against people and protected children from abuse, even when abusers tried to hide behind religious freedom.
Political philosophers argue that we have a moral duty to obey the laws and support the institutions of our political community. This is grounded in the principle of fair play, where we do our part to sustain a community that benefits us.
Yes, some argue that there are times when disobeying unjust laws is justified. For example, in the case of an oppressive or deeply corrupt state, one might not have a moral obligation to obey laws that go against one's conscience or sense of justice.
