A consideration regarding the rule of law. The justification of disobedience for ethical reasons

Authors

  • Laura Gómez Abeja Universidad de Sevilla

DOI:

https://doi.org/10.18042/cepc/rep.177.03

Keywords:

Moral reason, obedience, consent, civil disobedience.

Abstract

This paper assesses the most important theories that have reflected on the reasons why the law must be obeyed (leaving aside the Theory of the State classical authors, as they did not develop their writings in the context of a democratic system). It also addresses the reasons that could justify disobeying the law. The paper argues that an ethical justification for obedience to the law exists in a democratic system. Following this, the article proposes the existence of an individual moral reason with more weight than the first, which may justify breaches of the law. Naturally, dissidence against the rule of law for ideological reasons is not always justified, even though moral reasons are involved. Thereby, to conclude the paper assesses the position the legal system can, and should, adopt, when confronted with an ethically motivated infringement of the law.

Issue

Section

ARTICLES