The other day in class Josh brought up the concept of fidelity to the law. In our relationship to the law he presented the idea that we as law abiding citizens are following the law due to our faithfulness to each other. Like in any other relationship, we aren’t tied to the concept, or in this case, the written law but to the other party. This leads me to investigate why do people follow the law? Though that may be the one reason, it seems more likely that people follow the law for the fear of the consequences of breaking it. Similar to John Austin’s “command theory of law”, our fidelity to law is not really contingent on our relationship with each other but because it’s not in our best interest and the possible repercussions. Not to say that without sanctions and punishment there would be anarchy but, we would be less of a reason to follow the law. On a smaller scale I jaywalk all the time, it technically illegal but who’s really going to punish me? It’s an inconvenience to those driving, I know that and I just dismiss it even thinking to myself when I’m driving I can’t stand those people that dote same thing. Using that same logic, I can’t say I would kill people, but I think if they could get away with it, a few of those people in the cars would hit me.
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Totally agree. I believe society is afraid to break the law. Yes, there is always a chance you get away with it. The greater the chance the more likely you will the committ the crime. Shoplifting is great example. It is an act even millionaires particpate in simply because the risk isn't as great as murder per say. The fear of consequence seems to lessen as one realizes the chances of them actually being approached for this breach of law.
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