Grounds and Limits of Political Obligation
Chapter 11
(OP Gauba | Political Theory)
POLITICAL SCIENCE
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Grounds and Limits of Political Obligation
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  • The problem of political obligation is a central issue in political philosophy.
  • It deals with the question: how far, when, and why an individual is obliged to obey law and political authority.
  • This obligation often extends to duties such as payment of taxes, political participation, voting, jury service, and military duty.
  • These duties are seen as necessary for the maintenance of political institutions.
  • Political philosophy examines the logical and moral grounds for political obligation.
  • The inquiry seeks to determine the scope and limits of political obligation.
  • The question is complex, and there is no universally acceptable answer.
  • However, examining different viewpoints on political obligation can help provide context-specific answers.

THEORIES OF UNLIMITED OBLIGATION

THE DOCTRINE OF FORCE MAJEURE

  • Force Majeure refers to superior strength, an irresistible compulsion or coercion.
  • The doctrine of force majeure sees the superior strength of the state as the source of political obligation.
  • According to this view, the state is so powerful that the individual has no choice but to obey its laws and commands.
  • Political obligation is thus based on the fear of punishment or other unpleasant consequences for disobedience.
  • This theory identifies the state or government as the embodiment of political authority, with its invincible power as the source of that authority.
  • The individual is considered too weak to challenge the state's authority, leading to an unlimited political obligation.
  • The theory faces criticism for being morally unjustifiable.
  • It relies on the "might is right" rule, disregarding whether a law is right or wrong.
  • It does not seek to secure willing obedience and prevents the individual from resisting potentially wrong laws.
  • The obligation is akin to surrender under threat, rather than voluntary compliance for the individual's well-being.
  • Due to these characteristics, this theory is not considered a sound theory of political obligation.

DIVINE RIGHT THEORY

  • The theory of divine right of kings holds that the authority of the sovereign is derived from God.
  • Obedience to the state is considered as imperative as obedience to God.
  • Early hints of this theory are found in ancient Indian political thought.
  • The theory was developed during the rise of monarchy in Europe, with Robert Filmer as its chief exponent.
  • This theory was also upheld in pre-communist Tibet and some tribal kingdoms, but is seldom invoked in modern states.
  • The theory supports unlimited political obligation based on religious rather than moral grounds.
  • If a king is a tyrant, people must still obey him as punishment for their sin.
  • James I of England used this justification for his tyrannical rule.
  • Some writers mistakenly equate divine right with charismatic authority, which is based on personal qualities of leaders.
  • Charismatic authority is personal and may vanish with the leader, whereas divine right is inherited.
  • Divine right is closer to traditional authority than charismatic authority.
  • This theory denies individuals the right to exercise their judgment about right and wrong or resist any wrong law or command.
  • Therefore, this theory cannot be considered a genuine theory of political obligation.
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