Question

Most political philosophers believe we have a duty to obey laws, even if the laws in question do not have any moral grounding (e.g. laws about where to park, or laws prohibiting annoying but otherwise harmless behavior). Some argue that we are parties to a tacit agreement or contract with the state, and that it is the source of our political obligations. Others argue that the "contract" we have with the state is not anything we've ever tacitly or explicitly agreed to, but one we ought to agree to, and therefore, one that rationally binds us.

(a) Do you think that by living in a county, we tacitly agree to obey its laws? If not, do we have a contractual obligation to do so? Why or why not?

(b) Author Rawls argued that we don't tacitly agree to obey laws, but that we have an obligation to obey and help enact laws to which all rational individuals would agree. He tried to capture this through his notion of the "veil of ignorance" or "original position." The "veil of ignorance" is a method for thinking in a rational, unbiased fashion. Note: he thinks we should consider rules while imaginatively occupying the position of those behind the veil of ignorance; he does not think that we ever are or were behind the veil of ignorance.

Do you think we ought to obey and enact laws that those behind the veil would accept? What might those laws be like?

Answer 1

a)

Yes. I think that by living in a county, we tacitly agree to obey its laws. This is because in case we do not want to follow a certain law, we always have the freedom to move to other counties. However, if we still keep living in the county then we implicitly give our consent to following the local laws.

b)

I do think that we ought to obey and enact laws that those behind the veil would accept. However, we need to keep in mind that veil of ignorance provides an unbiased way of looking at a law. Many a times, such approaches can cause severe disadvantage to others. Laws and rules should be made in relation to the current context. Thus while it is ok to test laws based on the veil of ignorance, it may not be practical to implement laws in this approach.