• This course is the second part of a three semester sequence
devoted to studying political Science as a discipline fundamental to understand foundations of law and obedience. In its second part it examines origin and sources of authority which is essence of political obligation; its relationship with the essential dimensions of power that is decision making, agenda setting and thought control and which is inherent in all political concepts and philosophies; The notion of political obligation which is related the cardinal idea of political system –why do we have to obey the state?; various philosophies of political obligation with special reference to social contract theory; historical and philosophical theories. • The direct outcome of political obligation which creates relationship between government and the governed are- the concept of legitimacy (rightfulness of authority) and its effectiveness is complimentary to understand the idea of political obligation and rationale of political stability. It also covers the aspect of limits of political obligation. Concepts; philosophies and kinds of Citizenship, rights, law and justice are interdependent and are ancillary and essential for the understanding of the discipline. Objectives-
• To develop an understanding of the key concepts and theories
relating to political obligation in modern politics. • To explain the concept of authority as ‘right to exercise power’ over. • To describes legitimacy as basis of stable government which is inherent in the ‘rightfulness’; Chief characteristic of a fair and just system • To recognizes the significance of political obligation and its role in the context of formation of political system in contemporary period. • To develop the capacity for critical thought, in both oral and written form. Coverage- • Political Obligation The reason behind the establishing and creation and to sustain a political system. It is based on the understanding and acceptance of the people of the system, when they realize that they are not just the bearers of rights but they corresponding duty to respect and obey the state for their own betterment Origin and evolution of notion of political obligation in the modern world from social contract till now. • Basis and types of political obligation with western and Indian perspective. • Political Legitimacy- as an essential condition to test the’ rightfulness’ of the political system dependent on different belief systems and cultures of the people of concerned countries. The idea of ‘Rightfulness’ is linked with the issue –in the manner power is exercised which results into political stability or instability in that country. Its very subjective. • Limit to political obligation that is either through pacifist manner –civil disobedience- or through revolution-non pacifist manner- is the most important aspect of political obligation which makes it more rational and meaningful. • Citizenship is an important outcome of notion of political obligation which creates entitlements and duties. The conditions of citizenship are different in different countries. In the era of globalization and multiculturalism a new idea of universal citizenship has emerged which is more comprehensive and complex. • Rights are entitlements to act or to be treated in a particular way and have various understanding more in context of defining the relationship between individual and the state in political science. They are like a limit imposed inside out on the state. • Law is the mechanism or means through which the state functions. There is difference of opinion on the fact that- What is law and who makes it? Whether those who make law are governed by it or above. The origin of the principle and philosophy of Rule of Law is important. Whether law and morality and law and liberty are complimentary or opposite to each other? • Order is part of philosophy and rationale of establishing state it focuses on the part of human nature that desire stability. It is precondition for development. • Justice- behind all concepts and theories, establishment of institutions, structures and relationship between the individual and the state laying the idea of justice. But perception of justice is different for different people of different countries and societies. From Plato to Rawls it has different meanings and contexts. The practical part of law in modern age of constitutionalism it has two ways of application- substantive and procedure. • Political Science-II (State and Political Obligation) Semester-III B.A., LL.B. (Hons) Module 1-5 Module-I- Introduction to Political Obligation- • 1.1- Meaning , Nature and Scope • 1.2- Evolution of the Concept • 1.3- Contemporary Developments • 1.4- Political Obligation and Right • 1.5- Political Obligation and Duty Module-II- Political Obligation in Historical Perspective • 2.1- Socrates’ perspective of Political obligation • 2.2- Divine Command Perspective • 2.3- Kant’s Perspective Module-III- Theories of Political Obligation-
• 3.1- Voluntarism Theory
• 3.2- Utilitarian Theory • 3.3- Deontological Theory • 3.4- Anarchist Theory Module-IV- Political Obligation and Consent-
• 4.1- Nature and Extent of Consent
• 4.2- Social Contract theory (Hobbes, Locke and Rousseau) • 4.3- Types of Political Obligation Module- V- Types of Political Obligation-
• 5.1- Legal and Political Obligation- nature and
extent of the Authority in a state • 5.2- Moral and Political Obligation –nature and extent of the duty in a society Suggested Reading • 1. Andrew Heywood, Political Theory: An Introduction, 3rd edition, (Palgrave: Macmillan New York; 2004). (Chapters-5,6,7). • 2. T.H. Green, Lectures on the Principles of Political Obligation, (Batoche Books: Kitchener; Ontario; 1999). • 3. Margaret Gilbert, A Theory of Political Obligation: Membership, Commitment and the Bonds of Society (Clarendon Press: Oxford; London, 2006) • 4. John Dunn, Political Obligation in Historical Context: Essays in Political Theory, (Cambridge University Press; London, 1980) • 5.Stanford Encyclopedia of Philosophy, “Political Obligation”, . http;//plato.stanford.edu/entries/political-obligation • 6. Thomas Hobbes, Leviathan, (1651), (Penguin; London, 1981) • 7. John Locke, The Second Treatise of Civil Government, (1689), (Awnsham Churchill; London, 1690). • 8. Jean Jacques Rousseau, Social Contract, (1762), (Paris), • 9. Joseph Raz, The Authority of Law, (OUP; Oxford, 1979). • 10. John Rawls, Theory of Justice, Harvard University Press; MA, 1971) Module-VI- Ideas of Political Obligation-
• 6.1- Ancient Indian Ideas and Institutions on
Political Obligation • 6.2- Contemporary ideas of Political Obligation Module-VII- Dimensions of Political Obligation in Modern State-
• 7.1- Political Obligation and Family
• 7.2- Political Obligation and Identity • 7.3- Political Obligation and Membership Module-VIII- The Constitution of India and Political Obligation-
• 8.1- Nature of Political Obligation under the
Constitution of India • 8.2- Dilution of Political Obligation • 8.3- Impact of such Dilution of Political Obligation-T H Green Module-IX- Political Obligation and Justice
• 9.1- History and Theories of Justice- Joseph
Raz • 9.2- Theory of Justice-John Rawls • 9.3- Natural Duties and justice Module-X- Limits on Political Obligation-
• 10.1- Political Obligation and Right to Dissent-
Civil Disobedience- D H Thoreau and M K Gandhi; • 10.2- Political Obligation and Revolution- role of state in balancing political obligation- Edmund Burke
United States v. Marco G. Fiore, Jr. Benjamin v. Salmonese, Jr. Frank Piscitelli Thomas Deceglie Peter C. Restivo David C. Lavender Michael J. Eisemann Michael Ricottone Howard Zelin Glen Benussi, Thomas J. Desimone, 381 F.3d 89, 2d Cir. (2004)