This paper discusses how virtue ethics, with its consideration of the context in which moral agents must conduct themselves, can help to shed light on the circumstances under which a deliberate decision to not comply with a given legal mandate may be regarded not only as morally permissible but even as the most ethical way to conduct oneself. Both substantive 'no harm' and due diligence conditions are involved in determining this. Furthermore, the ar- ticle examines how the decision to defy a legal command consciously does not entail a denial of normativity but, instead, can sometimes presuppose a will to comply with a normativity seen as having a greater priority than the legal one by the moral agent. Existential and emotional factors may shape this determination.

On the Virtuousness of Certain Refusals to Comply with Legal Demands Prompted by Other Normativities = Sobre la virtuosidad de ciertas negativas a cumplir con exigencias legales motivadas por otras normatividades

Carrillo Santarelli
Primo
2023-01-01

Abstract

This paper discusses how virtue ethics, with its consideration of the context in which moral agents must conduct themselves, can help to shed light on the circumstances under which a deliberate decision to not comply with a given legal mandate may be regarded not only as morally permissible but even as the most ethical way to conduct oneself. Both substantive 'no harm' and due diligence conditions are involved in determining this. Furthermore, the ar- ticle examines how the decision to defy a legal command consciously does not entail a denial of normativity but, instead, can sometimes presuppose a will to comply with a normativity seen as having a greater priority than the legal one by the moral agent. Existential and emotional factors may shape this determination.
2023
Virtue ethics; Civil disobedience; Phenomenology; Natural law; Philosophy of law
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11584/389327
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