The content-independence of political obligation: what it is and how to test it

TY - JOUR

T1 - The content-independence of political obligation: what it is and how to test it

AU - Valentini, Laura

PY - 2018/8/16

Y1 - 2018/8/16

N2 - One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law?s content--i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test--the ?content-independence test?--that allows us to establish whether any candidate justification of the obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it.

AB - One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law?s content--i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test--the ?content-independence test?--that allows us to establish whether any candidate justification of the obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it.

U2 - 10.1017/S1352325218000095

DO - 10.1017/S1352325218000095

M3 - Article

SN - 1352-3252

VL - 24

SP - 135

EP - 157

JO - LEGAL THEORY

JF - LEGAL THEORY

IS - 2

ER -