Smith Flashcards
Q: What does prima facie obligation mean?
A: A moral reason to obey a law that applies unless overridden by stronger moral considerations.
Q: What is the central claim of M. B. E. Smith’s article?
A: That there is no general prima facie obligation to obey the law.
Q: How does Smith distinguish between specific and generic prima facie obligations?
A: Specific obligations apply in particular cases, while generic obligations apply broadly to all laws.
Q: Why does Smith reject the argument from gratitude?
A: Because most government benefits are received involuntarily and do not create a moral duty of gratitude.
Q: What is the fair play argument for obeying the law?
A: That obeying the law is necessary for fairness in a cooperative enterprise where everyone benefits.
Q: Why does Smith argue the fair play argument is flawed?
A: Because not all laws benefit everyone equally, and not all disobedience harms society.
Q: What is the consent argument for legal obedience?
A: That by living in a country, individuals implicitly consent to obey its laws.
Q: Why does Smith reject the consent argument?
A: Because most people never explicitly consent to government authority, and mere residence does not imply consent.
Q: How does Smith critique the utilitarian argument for obeying the law?
A: He argues that obedience does not always lead to the best consequences and that laws must be judged individually.
Q: Does Smith argue that breaking the law is always justified?
A: No, he acknowledges that some laws should be followed due to their independent moral value, but not simply because they are laws.
Q: How does Smith’s argument affect the debate on civil disobedience?
A: It suggests that civil disobedience should be judged based on the moral and practical impact of the specific act, not just on its legality.
Q: What does Smith propose as an alternative to a general obligation to obey the law?
A: Evaluating laws based on their moral justification rather than assuming they must be followed.
