Philosophy of Law Study Questions
Questions on Smith pp. 964-76
1) What is the generalization problem with rule utilitarianism? How can it be overcome?
2) Setting aside whether rule utilitarianism can justify a duty to obey the law, is it a viable moral theory at all?
Assuming that there is a weak prima facie moral duty to obey the law,
is emphasis on the existence of that duty dangerous to one's moral
reasoning? Even if it exists is it better to ignore it?
Assume that there is no prima facie moral duty to obey the law. Is it
morally permissible to have respect for the law, in the sense that one
takes the fact that something is the law into account in determining
what to do?