Lesson 5 Political Obligation Important Notes

Lesson 5 Political Obligation

 

The concept of political obligation is often inferred as the commitment or duty to act in a particular way. As per, H.L.A Hart (The Concept of Law,1961), there are two kinds of obligation- ‘being obliged’ to do something, which includes an element of coercion, and ‘having an obligation’ to do something, which implies only a moral duty. Thus, political obligation is one of the most contested issues of political theory and philosophy.

Rousseau and Hegel on different grounds carried forward the Hobbesian legacy of absolute political obligation. John Rawls advances on the Kantian notion of 'rational negotiators' to build his theory of justice. While on the other side, Marx sought to annihilate political obligation by identifying a man's position in the social class, and projected the working class as an instrument of revolution. Finally, Neo-Marxists have been looking for alternative instruments as well as alternative strategies of revolution. In a nutshell, political philosophy mainly resided on the logic of the grounds and limits of political obligation.

Duty, Obligation and Conflict

Obligation and duty have a lot in common. There isn’t anything that distinguishes the two. Between the two, there is a strong analytical relationship. Obligation and duty are often used interchangeably. To be obligated means to have a responsibility; to fulfil a responsibility means to fulfil an obligation. In this context, a duty is the conception of a behaviour as the subject of legal obligation. When we say that someone is performing their responsibility, we often mean that they are obligated to do something.

Because there are so many distinct kinds of obligations, there is a chance that they will conflict with one another. A moral commitment may clash with a legal obligation; and political legitimation may clash with a religious one. Any endeavour to find a solution may elicit or include major moral dilemmas. A conflict between a legal requirement and a political commitment may appear to be less likely, but a conflict between a moral obligation and political obligation can, and typically is a real one.

It is important to remember that obligation is an obligation. It doesn’t matter if it is political or moral. Attending to one’s obligation is a sort of performance. The intensity of the event will determine whether we attend it today or tomorrow. If we are obligated, we are obligated; similarly, a duty is a duty. Obligation is the acceptance of a task; its compliance is an expression of our willingness.

 

Theories of Unlimited Obligation

1.The Doctrine of Force Majuere

Force Majuere is a French word meaning superior strength, an alluring compulsion or coercion. As per this theory it is the superior strength of the state that is the source as well as the reason for political obligation. This view of political obligation identifies the state or government as the personification of political authority and its infallible power as the source of its authority. The state is so powerful that the individual has no option but to abide by its laws, dictates and commands, without any choice of not to follow them. In this sense, political obligation is based on the fear of punishment or coercion for disobedience to the political authority.

The theory has been criticised on the grounds that it is not based on any moral foundations. It simply invokes the unconvinced rule of 'might is right'. It does not allow the individual to inquire fairness of the law; it does not take into consideration whether the individual wants or does not want to abide by the command or the law. There is no scope for a resistance against any law or command which could be wrong in public judgment. It creates a ground of coerced obedience which is based on a threat of repercussion in the absence of submission rather than following the advice of a doctor in the interest of individual's own health.

2.Divine Rights Theory

The divine right theory holds that, the source of power withheld by the sovereign is directly derived from the god, hence obedience to the state is as imperative as obedience to God. Therefore, he who resists the authorities, resists what God has allotted, and those who resist will incur judgment. In the recent times, this theory was upheld in pre-communist Tibet and some tribal kingdoms. It is rarely practiced in the modem state. Since God's will is obligatory on all mortals, this theory also advocates an unlimited political obligation.

Moreover, charismatic authority is entirely personal which may wither away with the disappearance of the person holding such qualities. But divine rights theory admits to 'traditional authority' rather than charismatic authority. The theory denies the right to resist against the state or the authority by the people, hence it is anti -thetical to a democracy.

 

3.Prescriptive Theory

As per this theory, political authority and its respect are based on the principle of “customary rights”. Authority is legitimate, if it is endorsed by customs or tradition. For the instance the 7 rounds of hindu marriage legitimizes a marriage because the authority is derived from traditions and customary rules. The people follow the commands of their rulers because the fact of compliance has become like a well-established convention. The conservatives view the state as a fragile structure built over a long period of time representing a balance of differing and contrasting interests.

An eminent scholar of this school of thought is, the English Parliamentarian Edmund Burke, he states that it is unwise for a person to totally disregard custom and tradition. Political obligation is contained in paying constant respect to tradition, which is a sacrosanct concern.

The prescriptive theory has its own set of flaws. The basic foundations of political duty is based on adhering to the existing established practices and conventions. However, there is scope for its abolition also as per the demand and need of the society. People seek change, and if their aspirations are not fulfilled, they turn to revolution. Prof. Oakeshott has been chastised for seeing even revolutions as historical events, therefore reducing them to strictly cons derivative matter.

 

Theories of Limited Obligation

1.Principle of Consent

Some theories advocate man to be master of his will, hence any sort of obligation can only be inflicted upon him by his consent. There is no acceptance for a coercive imposition of an obligation by an authority. Individual's consent is the proper source of political obligation. Substantiating Hobbes and Locke who claimed that in the state of nature there were certain inconveniences being faced by man due to the absence of the existence of clear laws and authority.

Hobbes equates in his Leviathan life in a state of nature as “solitary, poor, brutish and short, it was absolute anarchy where “might is right” was the rule of the day. It was a state of war of each against all, and hence fraught with insecurity. Man decided to thereby surrender all their natural rights to the newly created political authority—the sovereign (Leviathan). This surrender was final and unchangeable, because any departure from this position would result in the return to the state of nature. Although Hobbes advocates an unlimited political obligation, yet it is solely based on consent; not imposed from above.

On the other hand, Locke had a more optimistic view regarding the state of nature. He believed man to be rational by nature, who is generally inclined to follow the rules of morality. Hence the state of nature was a state of “peace, goodwill, mutual assistance and preservation.” The acceptance of the social contract led to the establishing of a civil society through a mutual consent of the people only to deal with the few law breakers who could not be allowed to be the judge of their own case. Under the social contract, man surrenders the right to be the judge in his own case in lieu of an assurance that the state will be responsible for the protection of his natural right to 'life, liberty and property'.

In his Discourses and Social Contract, the state of nature, for Rousseau, was a peaceful and morally neutral condition in which self-contained individuals acted according to their basic urges as well as their natural desire for self-preservation- when man was close to nature and enjoyed the beauty and bounty of nature without any restriction. However, as the population expanded, there also emerged a scarcity of resources which brought a sense of insecurity when “natural liberty” ceased to be a source of constant happiness. This led to a conflict between individual’s actual will (guided by his immediate interests) and real will (motivated by his ultimate interest which coincided with the interest of the community). In order to overcome this conflicting situation, men entered into the social contract by placing themselves under the direction and control of the “general will” which represented the convergence of the real will of all members of the community, thereby replacing their natural liberty by civil liberty which provided for an effective preservation and security of their possessions.

In a nutshell, although all the three established a civil society with the state or the government given the responsibility and authority to preserver the life of the people, Locke alone postulates a conditional consent; hence he clearly creates a limited political obligation. Hobbes and Rousseau postulate unconditional consent and absolute sovereignty. They seem to create an unlimited political obligation. But since this obligation is based in their consent, and it is intended to serve their interest, it cannot be treated as unlimited in the true sense. The contract theory, as advocated by the contractualists, especially Hobbes, Locke and Rousseau, offers that obligation of the people to obey the government is guided by the fact that we have entered into a contract to do so.

Though evolved in the seventeenth and the eighteenth centuries, the consent theory has its relevance even now. Its significance lies on the account of constituting the moral basis of a democratic order, however like every other theory, the consent theory also suffers from certain weaknesses. The theory contemplates the state as an artificial institution. Furthermore, the element of consent as postulated in the contract made in a hypothetical state of nature is nothing more than a fiction, hence, not legally binding on the existing generation.

The concept of once-for-all consent is not a sound basis of political obligation. A consent based government must be reliant on the continuous consent of a vigilant electorate or those who have agreed be governed by it. In this light Locke's formulation of the social contract may be considered sound in this light.

 

2.Idealist Theory

An idealistic view of political authority may involve a serious deviation from a realistic position. The Idealists believe that the man’s innate natural rationality is the source of political obligation. Man is seen as a ‘political and rational creature’ and the state as a ‘self - sufficient community’ that encompasses the entire society. The idealists school of thought, whose one of the proponents was Hegel initially created an unconditional and unlimited obligation, but later it was modified by scholars like T.H Green. According to Hegel, the state as 'the incarnation of divine reason' and the 'march of God on earth'.

It was T.H. Green who declared that government cannot claim an unconditional and absolute obedience of its citizenry. He went on to say that individual owes his allegiance to the society, and neither to the state nor to the government. He proposes that only those actions should be made into obligations, which are made to further a certain moral end. Accordingly, the organized power of society should be acknowledged as political authority for the purpose of determining political obligation.

He goes on to conclude that individuals carryout their responsibilities and duties as members of a society and not for individual advantages because they realize that their selfinterest truely lies in the common good. It is the consciousness of the common good which prompts human beings to embrace their duties. He reduces the state to an instrument of protecting the common good as conceived and defined by its citizens. By distinguishing the organized power of the community from the state as the, Green rules out the claim of any government to demand unconditional allegiance from its citizens.

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Theories against Political Obligation

1.Marxist View

Marxism postulates state does not represent the organised power of the community, rather it represents the organised power of the dominant class- particularly the class owning the major means of production. Its sole purpose is the welfare of the bourgeoisie class; helping the strong competitors to increase their wealth and power by exploiting the weak competitors as well as the dependent class and not general welfare. In such a class divided society the individuals can not have any obligation towards the state.

A careful examination of Marxian thought reveals that it approaches the question of political obligation in a way that is quite far away from real perspective. What is empathetically prompted in the phase of capitalism is categorically denied in the latter stage of social development. People who are encouraged to disobey the bourgeoisie state are instructed not to disobey the state at all after the establishment of a new social system.

If old order is destroyed arbitrarily without leaving the foundations for the construction of a new order, the result would be disastrous, because, to destroy is easy, to reconstruct is difficult. Thus, a revolution has both pros as well as cons.

 

2.Anarchist View

The anarchist view argue for a stateless society, simply put a society without any government. Anarchism is usually placed on the extreme-left of the political spectrum. They advocate for the removal of all organised authority and state apparatus in order to create a society in which all human beings can live freely, peacefully and happily without requiring any form of external force to regulate their interactions. Anarchists like P.J. Proudhon (1809- 65) and Peter Kropotkin (1842-1921) stated, the state is a coercive entity and hence all governmental authority is illegitimate and hence its presence is suited only to a corrupt and unmerited society. The individual is only obligated to uphold justice, thus he is obliged to resist the state and devote himself to build a new institution where all members of society will cooperate with each other.

 

3.Gandhian Perspective

The Indian National Movement witnessed the tacit use of principle of civil disobedience indicating the recognition of severe limits of political obligation by Gandhi. Civil disobedience implies deliberately disobeying an unjust authority and breaking an unjust law. Civil disobedience may be resorted to as a protesting a government policy which is unjust or to raise the government’s attention to a need for political reform. It serves both a means and an end to an unjust and unfair law.

Mahatma Gandhi collaborated the principle of civil disobedience with the principle of non-violent struggle and satyagraha throughout the freedom struggle. Gandhi set a practical example of civil disobedience first through the Champaran satyagraha and later on the 1930s famous civil disobedience movement to break the salt law. The ban (ban on manufacture of salt by Indians) imposed by the British which was thought to be unjust by Gandhi and his followers.

Gandhi was of the belief by any form of resistance against injustice must be non-violent, hence the act of civil disobedience should also be performed non-violently and in full public view; and penalties caused by such an act should be accepted willingly. It is again important that the true object of civil obedience is 'change of heart' of the authorities concerned-moral awakening. Civil disobedience is a weapon only against a tyrannical regime, autocratic, unjust government or a foreign rule. If a government wilfully preserves the citizens' rights and can be influenced through democratic means, resort to civil disobedience will not be compulsory. lastly, an act of civil disobedience should not be resorted to for demanding the rights or privileges of any particular section against the general or public interest.

 

Important Questions

1.What is the meaning of Political obligation?

2.Do we have political obligation to obey the state? Discuss the scope of civil disobedience in a liberal democratic republic.

3.Provide an account of the major debates on the question of ‘why should we obey the state’?

4.Write a short note on idea of political obligation to state.

5.Examine critically Marxist approach to the notion of political obligation?

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