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The principal aim of this book is to develop and defend an analysis of the concept of moral obligation. What it seeks to do is generate new solutions to a range of philosophical problems concerning obligation and its application. Amongst these problems are deontic paradoxes, the supersession of obligation, conditional obligation, actualism and possibilism, dilemmas, supererogation, and cooperation. By virtue of its normative neutrality, the analysis provides a theoretical framework within which competing theories of obligation can be developed and assessed.
In this collection of essays, Michael Walzer discusses how obligations are incurred, sustained, and (sometimes) abandoned by citizens of the modern state and members of political parties and movements as they respond to and participate in the most crucial and controversial aspects of citizenship: resistance, dissent, civil disobedience, war, and revolution. Walzer approaches these issues with insight and historical perspective, exhibiting an extraordinary understanding for rebels, radicals, and rational revolutionaries. The reader will not always agree with Walzer but he cannot help being stimulated, excited, challenged, and moved to thoughtful analysis.
Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.
Many argue that “civic duty” explains why Americans engage in politics, but what does civic duty mean, and does it mean the same thing across communities? Why are people from marginalized social groups often more likely than their more privileged counterparts to participate in high-cost political activities? In The Obligation Mosaic, Allison P. Anoll shows that the obligations that bring people into the political world—or encourage them to stay away—vary systematically by race in the United States, with broad consequences for representation. Drawing on a rich mix of interviews, surveys, and experiments with Asian, Black, Latino, and White Americans, the book uncovers two common norms that centrally define concepts of obligation: honoring ancestors and helping those in need. Whether these norms lead different groups to politics depends on distinct racial histories and continued patterns of segregation. Anoll’s findings not only help to explain patterns of participation but also provide a window into opportunities for change, suggesting how activists and parties might better mobilize marginalized citizens.
A Pulitzer Prize Finalist Rodriguez's acclaimed first book, Hunger of Memory raised a fierce controversy with its views on bilingualism and alternative action. Now, in a series of intelligent and candid essays, Rodriguez ranges over five centuries to consider the moral and spiritual landscapes of Mexico and the US and their impact on his soul.
Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.
A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.
In many histories of modern ethics, Kant is supposed to have ushered in an anti-realist or constructivist turn by holding that unless we ourselves 'author' or lay down moral norms and values for ourselves, our autonomy as agents will be threatened. In this book, Robert Stern challenges the cogency of this 'argument from autonomy', and claims that Kant never subscribed to it. Rather, it is not value realism but the apparent obligatoriness of morality that really poses a challenge to our autonomy: how can this be accounted for without taking away our freedom? The debate the book focuses on therefore concerns whether this obligatoriness should be located in ourselves (Kant), in others (Hegel) or in God (Kierkegaard). Stern traces the historical dialectic that drove the development of these respective theories, and clearly and sympathetically considers their merits and disadvantages; he concludes by arguing that the choice between them remains open.
Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.