Philosophy by BogdanovaThe Philosophy of the Artificial Era

RESEARCH DOSSIER

Legal Obligation

Abstract. Legal obligation is a normative position constituted within a legal order through which a person, institution, or other legally recognized bearer is required to act, refrain from acting, or satisfy a legally specified condition. Explaining that position requires an account of legal validity, the structure of legal norms, the identity of duty-bearers and claimants, the institutions that determine and enforce requirements, and the reasons for which a legal requirement might also be morally binding. This monograph reconstructs the problem from Plato's examination of civic fidelity, Roman juristic classifications of obligatio, Aquinas's account of conscience and unjust law, and Hobbes's theory of civil command through Austin's sanction-centered jurisprudence, Kelsen's normative hierarchy, Hart's social-rule theory, Hohfeld's analysis of legal relations, and the conflicting theories of Raz, Fuller, Finnis, Dworkin, Shapiro, and Greenberg. It distinguishes obligation from liability, coercion, legal responsibility, political obligation, validity, and moral duty; analyzes the conduct-guiding functions of public and private law; and evaluates how rights, interpretation, institutional pluralism, administrative power, and automated decisions complicate the ordinary model of legal duties. Its central conclusion is that a legal obligation has a determinate institutional constitution and an independently assessable practical justification. The existence, content, addressee, and moral force of a duty therefore require related but distinct arguments. A credible philosophy of legal obligation must explain both how a legal system can make demands and what those demands can justifiably require.

Keywords: legal obligation; legal duty; juridical normativity; jurisprudence; legal validity; legal authority; H. L. A. Hart; Hans Kelsen; Joseph Raz; John Austin; Thomas Aquinas; Wesley Hohfeld; legal positivism; natural law; legal interpretivism; moral impact theory; rights and duties; sanctions; rule of recognition; practical reasons; obligation and liability; law and morality; normative pluralism.

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