A discussion on legal obligation of an individual

Therefore, there is a distinction between legal duty and a moral obligation. Legal duty can result in a civil claim. Failure to fulfill a moral obligation can only make the negligent party feel bad, but only if that party so recognizes that moral duty exists which unfortunately often is not the case.

A discussion on legal obligation of an individual

It is hard to find philosophers who still think that normative questions can be resolved by linguistic considerations, but there are, surprisingly, some who do think that this argument strategy is essentially correct.

His obstetrical theory is parthenogenetic: Having a virgin birth, obligation has no father among familiar moral principles such as consent, utility, fairness, and so on. People in organic associations do often feel obligations to other members, but we normally seek an independent ground to justify them see Simmons ; Wellman One version focuses on the value of obligations attached to social roles.

It is important to see that there is not one problem here, but two. There is a matter of content: And there is the matter of validity: But these are intimately linked: There is no general answer to the question why role duties bind—it depends on the roles and the duties.

A discussion on legal obligation of an individual

Even so, why do they ground a duty of obedience as opposed to a duty of respectful attention, or a duty to apologize for cases of non-compliance? Indeed, the classical associative model for political authority was not fraternity, but paternity, against which Locke argued so decisively.

This is not to deny that we owe something to those decent associations of which we find ourselves non-voluntary members—but we do need some further argument to determine exactly what this amounts to. The normal and primary way to establish that a person should be acknowledged to have authority over another person involves showing that the alleged subject is likely better to comply with reasons which apply to him other than the alleged authoritative directives if he accepts the directives of the alleged authority as authoritatively binding, and tries to follow them, than if he tries to follow the reasons which apply to him directly.

Raz; cf. Three points need emphasis. First, a normal justification is not a unique justification, but one typical to a variety of practical and theoretical authorities.

At its core idea is that justified authorities help their subjects do what they already have good reason to do; it does not apply when it is more important for the subjects to decide for themselves than to decide correctly.

Second, although NJT has similarities to rule-utilitarianism, it is not a utilitarian theory: Third, NJT does not require valid authority to promote the subject's self-interest.

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For example, if there are investments it is immoral to make e. NJT is governed by whatever reasons correctly apply to the case, not reasons of which the agent is aware, or which serve his self-interest narrowly understood.

Something like this does capture the way we justify deferring to expert opinions of scientists or to the advice of doctors who know better than we do. Were we to try to second-guess them we could not profit from their expertise.

To accept them as authoritative therefore requires deferring to their judgement, and allowing that to displace our own assessment of what is to be done. This is not blind deference: And the deference may be limited in scope and subject to checks of its effectiveness over time.

How far do such considerations apply to political authority? They do to some extent. A legislator or administrator may know better than most what is to be done to preserve the salmon fisheries or to slow global warming.

But some scientists may know as well, or better, and in some areas there are be no criteria of relevant expertise at all. The only prospect of broadening NJT's reach therefore rests on its application to integrate the activity of many people who must cooperate but who disagree on these matters and more.Individual Rights and the Obligations of Government Prepare: Prior to beginning work on this discussion, read chapters 8, 9, and 10 in American Government and watch the video, Episode II - 96%(56).

The Nuremberg principles were a set of guidelines for determining what constitutes The person was under a legal obligation to obey orders of the Government or the superior in question; Discussion as to whether or not Nuremberg Principle IV is the applicable law in this case is found in a discussion of the Nuremberg Principles' power or.

Thus, a legal right is an interest that warrants holding others under an obligation to protect it, a legal power is the ability to create or modify obligations, and so forth.

What then are legal obligations? Basic education in China’s rural areas: a legal obligation or an individual choice?

Legal rights and duties in a general partnership | Version Daily

Author links open overlay panel which means that it is the citizen’s legal obligation to receive it. the above discussion demonstrates how individual rational choices of the students and their families determine the extent to which the 9-yr. This works when a creditor of an individual partner obtains from a court a “charging order” for obligation settlement using the share of profit or surplus.

Take note that a charging order will not result in the dissolution of the general partnership and will not make a creditor a partner or provide him or her with managerial rights and duties.

A discussion on legal obligation of an individual

A duty is an obligation. As a member of society or state, the individual has to observe these obligations of society. Rights and duties are related to each other.

Rights vs. Responsibilities: Professional Standards and Provider Refusals | Guttmacher Institute