Lying Cheating And Stealing – Stuart P Green

Its basic factual predicate—that citizens consent to the authority of their government—is, at least with respect to most ordinary persons, simply unsound.8 As Greenawalt has said, ‘many persons do apparently have promissory obligations to obey laws and other rules but . . . on no plausible account have all or nearly all citizens or residents of liberal democracies promised to obey.’9 There have been various attempts to salvage the theory.

It has been suggested, for example, that simply remaining in one’s country, receiving government ben- efits, or voting might constitute a form of consent to be governed.10 But, on reflection, none of these proposals is adequate to support a generalizable obligation to obey the law. Remaining in one’s country is not sufficient to create consent because, it is claimed, emigration is not for most people a serious option, and those who could leave their homeland tend to stay more out of convenience and personal ties than any particular endorsement of their government.11 Likewise, receiving government benefits does not necessarily entail consent because many government benefits (such as police and military protection, and various forms of infrastructure) cannot be refused, and even when benefits can be refused, they continue to be received ‘even when their preferred government is overturned by domestic revolution or foreign inva- sion.’12 Finally, the obligation to obey the law would not be very widely shared if government participation were a necessary prerequisite, since many citizens do not vote, and those who do are limited in their choices.13 Duty of Fair Play Partly in response to such problems has come a second influential theory— originally suggested by HLA Hart,14 and developed by John Rawls in his early writing15 and others16—which concerns the so-called duty of fair play.

Unlike Part II 7 Greenawalt (n 6 above, at 733). 8 See A John Simmons, Moral Principles and Political Obligations (New Jersey: Princeton University Press, 1979), 75–100.

Great Clarendon Street, Oxford OX2 6DP Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With offices in Argentina Austria Brazil Chile Czech Republic France Greece Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea Switzerland Thailand Turkey Ukraine Vietnam Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries Published in the United States by Oxford University Press Inc., New York © SP Green 2006 The moral rights of the author have been asserted Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queen’s Printer for Scotland Database right Oxford University Press (maker) First published 2006 First published in paperback 2007 All rights reserved.

No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer British Library Cataloguing in Publication Data Data available The Library of Congress has catalogued the hardback edition as follows: Green, Stuart P. Lying, cheating, and stealing: a moral theory of white-collar crime / Stuart P. Green.

p. cm. ISBN–13: 978–0–19–926858–0 (alk. paper) 1. White collar crimes— Philosophy. I. Title. K5018. G694 2006 345. 0268—dc22 2005030677 Typeset by Newgen Imaging Systems (P) Ltd., Chennai, India Printed in Great Britain on acid-free paper by Ashford Colour Press Limited, Gosport, Hampshire ISBN 978–0–19–926858–0 (Hbk.) ISBN 978–0–19–922580–4 (Pbk.) 1 3 5 7 9 10 8 6 4 2 Acknowledgments Various pieces of this book, from brief passages to major parts of whole sections, have previously appeared in print.

This is a short excerpt from the opening of “” by Unknown, quoted for review and introduction purposes. All rights belong to the copyright holders.

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