Challenging the prevailing understanding of the authority of law, Daniel Mark offers a theory of moral obligation that is rooted both in command and in the law's orientation to the common good.
When and why do we have an obligation to obey the law? Prevailing theories in the philosophy of law, starting with the work of H. L. A. Hart and Joseph Raz, fail to provide definitive answers regarding the nature of legal obligation. In this highly original and effective new work, Daniel Mark argues that there is a prima facie moral obligation to obey the law simply because it is the law. In Mark's view, the best concept of law—one that allows for the possibility of justified authority and obligation—defines law as a set of commands oriented to the common good. Legal obligation, he proposes, shares defining features with moral obligation and with religious obligation while aligning wholly with neither.
This philosophically coherent view of legal obligation offers a viable framework for analyzing important and seemingly paradoxical puzzles about the law, such as why civil disobedience is punished as lawbreaking or why war-crimes trials for legal but immoral acts present a moral quandary. By reconciling the concept of law as command with the role of law in promoting the common good, The Nature of Law provides an original and important scholarly contribution to the fields of legal philosophy and political thought.
Table of Contents:
Introduction
1. Obligation
2. Commands versus Rules – and Nazis
3. Justification
4. Authority and the Good
5. We the Sovereign
Conclusion
Bibliography
About the Author :
Daniel Mark is an associate professor in the Department of Political Science at Villanova University, where he is also battalion professor for the Navy ROTC program. He is formerly the chairman of the United States Commission on International Religious Freedom.
Review :
"[A] comprehensive and expert treatment. . . . [One hopes] that The Nature of Law is but the first in a series of works from Mark that will further elucidate law and all of its complexity and importance for the common good and individual human flourishing." —Reading Wheel Review
"Daniel Mark makes a timely intervention into a perennial debate about when and why do we have an obligation to obey the law. Taking us beyond the terms of debate as they had been set in the twentieth century, Mark offers a theory of moral obligation that is rooted both in command and in the law's orientation to the common good." —Justin Buckley Dyer, co-author of The Classical and Christian Origins of American Politics
"In our age of extreme political polarization, when fanaticism and self-righteousness lead many to think that they are justified in breaking the law to make a political point, scholars, leaders, and ordinary citizens need to be reminded of the philosophical and moral basis of our obligation to obey the law—even when we happen to disagree with it, and even when we may have a legitimate grievance. Readers will find no more sober, profound, and thorough account of this important issue than Daniel Mark's The Nature of Law." —Carson Holloway, co-editor of The Political Writings of Alexander Hamilton
"Mark provides an intriguing and intelligent proposal, one that prompts the reader's hesitation, objection, argument, and reflection, which makes this a very good book indeed." —Religion & Liberty
"The Nature of Law is a highly valuable contribution to general jurisprudence and natural law theory. Mark's emphasis on the role of commands in explaining the law's distinctive normativity is both thought-provoking and, in my view, a step in the right direction." —Jurisprudence
