Lecture 1Lecture 1

Political Authority and Political Authority and ObligationObligation

Authority and obligationAuthority and obligation

• DefinitionDefinition– Authority vs. forceAuthority vs. force– Obligation vs. desireObligation vs. desire

• Normative or descriptiveNormative or descriptive– Max Weber’s sociological theoryMax Weber’s sociological theory– Contract theory, UtilitarianismContract theory, Utilitarianism

Why should we obey the law or Why should we obey the law or the government?the government?

• ConsentConsent

• UtilitarianismUtilitarianism

• FairnessFairness

• MoralityMorality

• AnarchyAnarchy

Innocent until proved guilty?Innocent until proved guilty?

•「檢查事務官穿著便服，問起話來，就像「檢查事務官穿著便服，問起話來，就像法官開庭，好不威風！整個過程，我被要法官開庭，好不威風！整個過程，我被要求全程站著，我感到他們在羞辱我。這些求全程站著，我感到他們在羞辱我。這些比我孩子都還年輕的檢查事務官，顯然既比我孩子都還年輕的檢查事務官，顯然既無充分準備又態度傲慢，還不時語帶輕蔑無充分準備又態度傲慢，還不時語帶輕蔑問我一些愚蠢的問題。」（謝清志的生命問我一些愚蠢的問題。」（謝清志的生命振動，振動， 168168 ））

• 「民國「民國 6868年，三名第一銀行的經理因案遭到收年，三名第一銀行的經理因案遭到收押禁見，隔年地方法院判定有罪，三人不服上押禁見，隔年地方法院判定有罪，三人不服上訴訴……從此之後，開始法院的流浪之旅，反覆上訴、從此之後，開始法院的流浪之旅，反覆上訴、發回的結果，讓這三人與法院結了發回的結果，讓這三人與法院結了 2727年的緣年的緣分分……提到這個例子，主要是說明三個人所耗費的提到這個例子，主要是說明三個人所耗費的生命，早已超過了法院判處最重的刑期。假設這生命，早已超過了法院判處最重的刑期。假設這三個人願意服刑，早就沒有服刑的必要性了。例三個人願意服刑，早就沒有服刑的必要性了。例如原審判決才四年半，不再提出上訴，可能一年如原審判決才四年半，不再提出上訴，可能一年半就假釋出獄，展開新的人生。」（錢世傑，捍半就假釋出獄，展開新的人生。」（錢世傑，捍衛權利大作戰，衛權利大作戰， 3232））

ConsentConsent

• Socrates, the Romans, the ChristiansSocrates, the Romans, the Christians

• Thomas HobbesThomas Hobbes

• John LockeJohn Locke

• RousseauRousseau

• John RawlsJohn Rawls

• Explicit consentExplicit consent

• Tacit consentTacit consent

• Hypothetic consentHypothetic consent

Tacit consentTacit consent

• To play football. To play to consent To play football. To play to consent or to consent to play? or to consent to play?

• To eat in a restaurant. To eat to To eat in a restaurant. To eat to consent or to consent to eat?consent or to consent to eat?

• In a hospital. To be cured to consent In a hospital. To be cured to consent or to consent to be cured?or to consent to be cured?

Two Criteria of tacit consentTwo Criteria of tacit consent

• ““An act can only qualify as tacit An act can only qualify as tacit consent if it would normally be consent if it would normally be prohibited to the person who prohibited to the person who consents, because someone has a consents, because someone has a rightright that they not perform the act that they not perform the act without thereby consenting.” without thereby consenting.” (McKinnon 13, emphasis added)(McKinnon 13, emphasis added)

• ““was the consent given freely was the consent given freely enough to be effective in placing us enough to be effective in placing us under a duty to obey the law?” under a duty to obey the law?” (McKinnon 14)(McKinnon 14)

Tacit consent:Tacit consent:

• Residence as consent?Residence as consent?

• Voting as consent?Voting as consent?

Hypothetical consentHypothetical consent

• John Rawls: “These principles [of John Rawls: “These principles [of Justice] are those which rational Justice] are those which rational persons concerned to advance their persons concerned to advance their interests would accept in this interests would accept in this position of equality to settle the basic position of equality to settle the basic terms of their association.’ (A Theory terms of their association.’ (A Theory of Justice 102)of Justice 102)

UtilitarianismUtilitarianism

• ““Utilitarianism says that everything Utilitarianism says that everything we do should aim to maximize the we do should aim to maximize the amount of pleasure and minimize the amount of pleasure and minimize the amount of pain in the world.” amount of pain in the world.” (McKinnon ?)(McKinnon ?)

Problems of utilitarianismProblems of utilitarianism

• The incommensurability of pleasures The incommensurability of pleasures and painsand pains

• Right and morality. E.g. adopting Right and morality. E.g. adopting excessive punishment for positive excessive punishment for positive outcomes.outcomes.

Fairness or reciprocity?Fairness or reciprocity?

• H.L.A. Hart: “When a number of H.L.A. Hart: “When a number of persons conduct any joint enterprise persons conduct any joint enterprise according to rules and thus restrict according to rules and thus restrict their liberty, those who have submitted their liberty, those who have submitted to these restrictions when required to these restrictions when required have a right to a similar submission have a right to a similar submission from from those who have benefited by their those who have benefited by their submissionsubmission.” (McKinnon 19, emphasis .” (McKinnon 19, emphasis added)added)

Morality?Morality?

• ““Perhaps, then, our duty to obey the Perhaps, then, our duty to obey the law amounts to nothing more than a law amounts to nothing more than a duty to obey the rules of morality, duty to obey the rules of morality, which distinguish right from wrong. which distinguish right from wrong. We do not need to consent to these We do not need to consent to these rules in order to be bound by them, rules in order to be bound by them, because we cannot opt in or out of the because we cannot opt in or out of the demands of morality.” (McKinnon 20)demands of morality.” (McKinnon 20)

The State does far more than The State does far more than required by moralityrequired by morality

• The lawsThe laws– Moral: do no harm; love your family, etc.Moral: do no harm; love your family, etc.– Non-moral. Drive on the right side of Non-moral. Drive on the right side of

the road, Sundays off, National the road, Sundays off, National curriculum, the official language, curriculum, the official language, economic policy, public transportation, economic policy, public transportation, national defense, migration policy, etc.national defense, migration policy, etc.

Anarchy or stateless societyAnarchy or stateless society

• ““Anarchy—literally “without rulers”—Anarchy—literally “without rulers”—is a society in which the state has is a society in which the state has been abolished, or more widely, in been abolished, or more widely, in which all forms of hierarchy or which all forms of hierarchy or oppression have been abolished.” oppression have been abolished.” (McKinnon 25)(McKinnon 25)

State vs. individual State vs. individual autonomyautonomy

• ““the claim of R.P. Wolff (1970) that the claim of R.P. Wolff (1970) that we should not obey the law because we should not obey the law because obedience to the law requires us to obedience to the law requires us to neglect our primary obligation to act neglect our primary obligation to act autonomously.” (McKinnon 24)autonomously.” (McKinnon 24)

• E.g. the holocaust, the bombing of E.g. the holocaust, the bombing of Hiroshima, etc.Hiroshima, etc.

An anarchist’s optimismAn anarchist’s optimism

• ‘‘When rational men, in full knowledge of the When rational men, in full knowledge of the proximate and distant consequences of proximate and distant consequences of their actions, determine to set private their actions, determine to set private interest aside and pursue the general good, interest aside and pursue the general good, it it mustmust be possible for them to create a be possible for them to create a form of association which accomplishes that form of association which accomplishes that end without depriving some of them of their end without depriving some of them of their moral autonomy.’ (Wolff 1998 In defence of moral autonomy.’ (Wolff 1998 In defence of Anarchy 78, original emphasis)Anarchy 78, original emphasis)

And his determinationAnd his determination

• ‘‘to be sure, the day might arrive when to be sure, the day might arrive when there were not enough volunteers to there were not enough volunteers to protect the freedom and security of protect the freedom and security of the society. But if that were the case, the society. But if that were the case, then it would clearly be illegitimate to then it would clearly be illegitimate to command the citizen to fight. Why command the citizen to fight. Why should a nation continue to exist if its should a nation continue to exist if its populace does not wish to defend it?’ populace does not wish to defend it?’ (Wolff 1998 In defence of anarchy 80) (Wolff 1998 In defence of anarchy 80)

Case study: the global justice Case study: the global justice movementmovement

• The protest against the WTO in The protest against the WTO in Seattle in 1999.Seattle in 1999.

• The role of the WTO, the World Bank The role of the WTO, the World Bank and the IMF in the exploitation of the and the IMF in the exploitation of the global disadvantaged.global disadvantaged.

• Traditional features of civil Traditional features of civil disobediencedisobedience– IllegalIllegal– Non-violenceNon-violence– OpennessOpenness– AccountabilityAccountability

The Riot against the WTO in The Riot against the WTO in SeattleSeattle

• http://www.youtube.com/watch?v=_http://www.youtube.com/watch?v=_mAWslHmiokmAWslHmiok

Case Study: the coup of Thai Case Study: the coup of Thai yellow-shirted groupyellow-shirted group

• 2006 Thaksin’s government overthrown in 2006 Thaksin’s government overthrown in a coup.a coup.

• Dec. 2007 Democracy restored. Thaksin’s Dec. 2007 Democracy restored. Thaksin’s party won the election and formed a party won the election and formed a coalition government.coalition government.

• 2008 The yellow-shirted unrest in 2008 The yellow-shirted unrest in Bangkok. Bangkok. – The PM, Thaksin’s ally, was dismissed by the The PM, Thaksin’s ally, was dismissed by the

Supreme Court for a trivial issue.Supreme Court for a trivial issue.

• Nov. 2008 The opposition occupied Nov. 2008 The opposition occupied government buildings and the airports. government buildings and the airports. Bangkok was in chaos.Bangkok was in chaos.

• Dec. 2008 The court dissolved the Dec. 2008 The court dissolved the government for electoral fraud. The ruling government for electoral fraud. The ruling party was banned from politics for 5 years.party was banned from politics for 5 years.

• The current anti-Thaksin government is The current anti-Thaksin government is formed without winning any election.formed without winning any election.

Thai yellow-shirted protestThai yellow-shirted protest

• http://www.youtube.com/watch?v=Uhttp://www.youtube.com/watch?v=UX10svbb8V8X10svbb8V8 (peaceful) (peaceful)

• http://www.youtube.com/watch?v=pLhttp://www.youtube.com/watch?v=pLcxzV2WYlk&NR=1cxzV2WYlk&NR=1 (violencent) (violencent)