Essay about Principle of Fairness in Political Obligations

6563 Words Sep 8th, 2014 27 Pages
Political Science-II

Political Obligations and
Issues of Fair Play: A Critical Analysis

Submitted By:
Abhishek Choudhary (2034)

Table of Contents

Modern theories in the pursuit of explaining the provenance of political obligations tend to display a warranted skepticism of traditional consent theories. Twentieth century political philosophers expended much of their energy in drawing attention to the utter absurdity of such theories by attacking the idea that citizens in nation-states undertake obligations as a result of deliberate consensual acts, a premise not very hard to disprove. This lack of coherence provided by traditional theories on political obligations have compelled theorists
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The paper has used primary sources such as original versions of treatises by political thinkers, as well as secondary sources like articles and books written as explanations of original theories.
The author has utilized both descriptive and analytical instruments in the course of the paper. The examination of normative theories occurs in a descriptive fashion at the beginning of each chapter, but the author endorses these with analysis thereafter.
The NLS Guide to Uniform Legal Citation has been followed.

HLA Hart AND the Genesis of the principle of fair play

Although earlier Greek and Latin philosophers, in the tradition of Socrates, appealed to something resembling the principle of fair play, the classic formulation of the principle is the one H. L. A. Hart gave it in his seminal paper “Are There Any Natural Rights?”.3”He formulated the concept thus:
“A third important source of special rights and obligations which we recognize in many spheres of life is what may be termed mutuality of restrictions, and I think political obligation is intelligible only if we see what precisely this is and how it differs from the other right-creating transactions (consent, promising) to which philosophers have assimilated it.”
In another section, Hart goes on to explain the "special
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