All Legal Systems Recognize, Create, Vary And Enforce Obligations

1632 Words Nov 19th, 2015 null Page
All legal systems recognize, create, vary and enforce obligations; this isn’t an accident. Obligations are central to the social role of law and explaining them is necessary to an understanding of law’s authority and, therefore, its nature; these also include a moral obligation to obey. As a matter of course, throughout the human history, the subjects of a state had obeyed the sovereign power. But how does one acquire such an obligation, and how many people have really done what is necessary to acquire it? Human beings do not necessarily have a moral obligation to obey the sovereign. As the humans cultivate and evolve from wild animals to what we are – civilized beings, we still retain some basic animal instinct. One of the most important instincts is the love of freedom. As long as this one particular instinct is still intact, there won’t be an actual moral obligation to obey the commands of the sovereign. At the same time, according to Hobbes
Nature hath made men so equal, in the faculties of body, and mind; as that though there be found one man sometimes manifestly stronger in body, or of quicker mind than another; yet when all is reckoned together, the difference between man, and man, is not so considerable, as that one man can thereupon claim to himself any benefit, to which another may not pretend, as well as he. (705)
If the sovereign does not have anything that distinguish him or herself as the leader, such as the power to enforce his or her commands,…

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