Abstract

VILAJOSANA, Josep M.. Cuando el consentimiento no importa: Un deber parcial de obediencia al derecho. Isonomía [online]. 2009, n.30, pp.117-144. ISSN 1405-0218.

The doctrines that defend the duty of obedience to the law consider that this duty is universal: it affects the individuals of a State in all of them. That one who opposes to it usually considers that under no circumstances we would have a duty of obedience to the law. In this work, the author holds that there is a space in the middle of both positions. The voluntarist positions are useful to justifying this duty with respect to those persons who give the State their express consent. The thickness of this work, however, focuses on the possibilities that present some non voluntarist doctrines (utilitarianism, authority as a service, institutional duty and natural duty). We will see that of all them they appear good arguments in order to consider that, for some individuals or with respect to determinate questions, it is possible to justify the duty of obedience to the law.

Keywords : Obedience to the Law; duties; voluntarism; utilitarianism.