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Law's Moral Legitimacy and the Significance of Participation.

紀錄類型:	書目-語言資料,手稿 : Monograph/item
正題名/作者:	Law's Moral Legitimacy and the Significance of Participation./
作者:	Soyemi, Eniola Anuoluwapo.
面頁冊數:	1 online resource (317 pages)
附註:	Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.
Contained By:	Dissertation Abstracts International79-08A(E).
標題:	Political science. -
電子資源:	click for full text (PQDT)
ISBN:	9780355772869

Law's Moral Legitimacy and the Significance of Participation.
Soyemi, Eniola Anuoluwapo.

Law's Moral Legitimacy and the Significance of Participation. - 1 online resource (317 pages)

Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.

Thesis (Ph.D.)--Boston University, 2017.

Includes bibliographical references

Legal positivism posits that the observation of how officials and citizens treat the legal system's rules combine to constitute law's existence. This is not an understanding verified by cases such as Nigeria's legal system. Using historical evidence from the UK National Archives, and examples of recent court cases, I attempt to show that although such legal systems do, in fact, exist, they defy positivism's conceptualization. They suggest that while the legal legitimacy of law is one thing, it does not account for obedience; and neither is the social fact of obedience necessary in defining legal validity.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2018

Mode of access: World Wide Web

ISBN: 9780355772869Subjects--Topical Terms:

558774
Political science.
Index Terms--Genre/Form:

554714
Electronic books.

Law's Moral Legitimacy and the Significance of Participation.
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245 1 0 $a Law's Moral Legitimacy and the Significance of Participation.
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300 $a 1 online resource (317 pages)
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500 $a Source: Dissertation Abstracts International, Volume: 79-08(E), Section: A.
500 $a Adviser: Judith A. Swanson.
502 $a Thesis (Ph.D.)--Boston University, 2017.
504 $a Includes bibliographical references
520 $a Legal positivism posits that the observation of how officials and citizens treat the legal system's rules combine to constitute law's existence. This is not an understanding verified by cases such as Nigeria's legal system. Using historical evidence from the UK National Archives, and examples of recent court cases, I attempt to show that although such legal systems do, in fact, exist, they defy positivism's conceptualization. They suggest that while the legal legitimacy of law is one thing, it does not account for obedience; and neither is the social fact of obedience necessary in defining legal validity.
520 $a This thesis aims to suggest that far from being an outlying case, Nigeria provides interesting philosophical illumination about what positivism does not explain about legal systems in general---namely, what determines obedience. This thesis uses the political philosophies of Aristotle and Rousseau to construct a philosophical understanding of the basis for obedience to law. It suggests that it is by participation in the function of a legal system, that law is shown to a given population to have a specific purpose that is tied to the moral nature of the state. This thesis asserts that participation serves to illuminate law's moral legitimacy as an especial type of legitimacy that is, in a sense, prior to its legal legitimacy and as what explains obedience separately from law's legal validity, which simply explains its plain existence.
520 $a This thesis further uses a field experiment centred on a transportation system in Lagos, Nigeria to test, empirically, the hypotheses generated by its theoretical investigations that: 1: the greater a people's direct participation in creating their laws, the greater they perceive of the law's moral legitimacy. 2: The greater the people's belief in the law's moral legitimacy, the greater their free obedience to the law.
520 $a The results suggest that the manner in which citizens are allowed to participate on the formulation and enactment of rules affects the extent to which they go on to obey those rules. These results, further, give empirical grounds for the thesis' theoretical combination of an Aristotelian understanding of law's authority with a reformulation of Rousseau's argument that participation is necessary for, and derived from, freedom.
533 $a Electronic reproduction. $b Ann Arbor, Mich. : $c ProQuest, $d 2018
538 $a Mode of access: World Wide Web
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650 4 $a Philosophy. $3 559771
650 4 $a Law. $3 671705
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710 2 $a Boston University. $b Political Science. $3 1182516
773 0 $t Dissertation Abstracts International $g 79-08A(E).
856 4 0 $u http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=10604566 $z click for full text (PQDT)