As Matthew H. Kramer notes, questions concern- ing legal and moral obligation (or duty) are of long standing. Kramer considers these questions as they divide into three sets. The first set con- cerns whether and how legal obligations engen- der moral ones or, more precisely, how there can be a ‘‘prima facie, comprehensively applicable, universally borne, and content-independent’’ duty to do what the law requires. Kramer reviews efforts to ground such a duty as a species of promissory obligation or consent, as an instance of a wider duty of fairness (or, as H. L. A Hart termed it, of fair play), as a duty of gratitude, or as a utilitarian rule. Each of these efforts have fallen short, leading some to revisionism, as in the case of Ronald Dworkin’s ‘‘associative obligations,’’ which lack content independence and compre- hensive applicability.
đang được dịch, vui lòng đợi..
