political obligation

1. POLITICAL
OBLIGATION
UNIT I

7. Sir John Salmond - “An obligation, therefore, may be defined as a
proprietary right in personam or a duty which corresponds to such a
right." Obligations are all in one class of duties, namely those which are
co-relatives of rights in personam.
Anson - “an obligation is a control exercisable by definite persons
over definite persons for the purpose of Definite acts or forbearance
reducible to a money value"
Savigny - an obligation is the control over another person, yet not
over his person in all respects (in which case his personality would be
destroyed), but over single acts of his which must be conceived of
subtracted from his free will and subjected to our will.
Paton - an obligation is that part of law which creates right in
personam.

8. Duguit on Political Obligation
Duguit, the French Jurist, in his 'Law and the Modern State', finds the true
basis of political obligation in his principle of 'social obligation'.
� To him political obligation in the form of social service is dictated by
social necessities and is not due to contract, utility or coercion.
� The general tendency, during the recent times has been to find
sanction for political obligation in rational, economic and
psychological impulses rather than to rely on philosophic
rationalisation.
� It has been increasingly realised that an analysis of the motives
behind obedience to the state and its laws shows that political
obligation is considerably founded on limitation, rational self-
interest, inertia, sympathy and herd instinct and that the relative
importance of these motives is different in different environments.

9. KINDS OF POLITICAL OBLIGATION
1. Moral obligation
2. Legal obligation
3. Positive obligation
4. Negative obligation

11. Fear of Punishment. Some citizens consider that obedience is an
unpleasant and painful duty. They obey laws, because they wish to
avoid punishment with its evil effects. Minority who violate the state
laws, shall be punished by the state, when the claim of authority is
acknowledged due to a fear of dislike of the consequences that could
be imposed by the coercive power of the authority, then it is known as
prudential obligation.
Matter of Habit and Tradition. In a family in which much importance is
given to disciplined conduct, it becomes habit a of all members to be
good, courteous and helpful; so also in a well-ordered state, it is a
habit among its citizens to be peace-loving and law-abiding

12. Need of State. Most of the citizens are aware that the state has a
purpose. It protects from external aggression and internal disorder. It
regulates the conduct of the people. It also protects the rights of the
people. It looks after the needs of the people. In undertakes several
social welfare activities. In their own interest, they should cooperate
with it and obey its laws and orders.
Fear of Disorder and Anarchy.-Without the cooperation of citizens,
the state cannot control the society due to its weakness. Then
disorder and anarchy shall prevail in the society. The fear that if
disorder and anarchy erupt, their lives and property might be in great
danger makes citizens law-abiding. Human beings, who desire to
have peace and order can never imagine living in a lawless society.

13. Religion.-All religions preach the moral values, moral laws and moral
conduct of the people. Religion preaches love and affection among
people. Religion increases the moral value of man as spirit. Ethical religion
is made up of laws which bind men all over the world. People believed
the king was the the God. Religion preaches obediece to the higher
authority. The representative of justification of state's authority was sought
on moral grounds. The religious factor is also responsible for obedience.
At the instance of religious leaders the people readily obeyed the
government.
Legitimacy of Laws. A law is obeyed whole heartedly by citizens, if its
source is legitimate. This means that the government which makes law
should be constitutional and legal. The states' jurisdiction is of the
universality and compulsory character. We can either accept or reject
the membership and admission of voluntary associations but not of the
state. We obey or at least subject ourselves to the rules of the state
whether we like it or not.

15. Characteristics of Political
Obligation
� Public Service.-Government is run by conscientious persons. The
persons in the management of public affairs have to act for the
general good. Running a government is an art. Political obligations
are not merely of an intellectual character; they also involve
obligations of an honest action i.e. public service.
� Legitimacy and Efficiency.-Political obligation is related to the
political legitimacy and effectiveness. The political legitimacy refers
to the capacity of the system to engender and maintain the belief
that the existing social economic and political institutions are most
appropriate for society. Political efficiency implies actual
performance of the basic functions of government as the people
and powerful groups in society perceive them.
� Obedience and Resent. The political obligation inform people to
obey the authority of those in power and at the same time they have
to resent them in the event of any invasion on their liberties.