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    Political Obligation and the Argument from GratitudeAuthor(s): A. D. M. WalkerSource: Philosophy & Public Affairs, Vol. 17, No. 3 (Summer, 1988), pp. 191-211Published by: WileyStable URL: http://www.jstor.org/stable/2265244 .

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    A.D.M.

    WALKER

    Political

    Obligation

    and

    the Argument

    fromGratitude

    Political

    obligation

    s now

    an unfashionable

    topic,

    remarkedJ.

    P.

    Pla-

    menatz

    in I968;

    and

    whathe wrote

    thenis still

    true.

    Nodoubt

    the

    decline

    in interest

    in the

    topic

    s due

    in largepart

    tothe

    increased

    popularity

    f

    the

    view

    thatwe

    do

    not in

    fact haveany general

    obligation

    o

    comply

    with

    the

    law.Buteven those who areunsympathetic o thisview no longersee the

    problem

    of

    political

    obligation

    as central

    to

    political

    philosophy

    n the

    man-

    ner of

    Hobbes

    or Locke. One

    reason

    is

    that the problem

    n its

    traditional

    form

    has

    been

    felt tofocus

    in an unnatural

    way

    on

    just

    one

    aspect

    of

    a cit-

    izen's

    relationship

    with the state;

    it distorts

    mattersby inviting

    us

    to

    con-

    sider

    the issue

    of ourcompliance

    with the

    law in

    isolation

    fromour

    other

    political

    responsibilities.2

    Perhaps

    more

    significantly,

    t has been

    argued

    thatthe

    traditional

    roblem

    sets

    an

    impossible

    task:

    the demand

    foran

    en-

    tirely

    general

    justification

    of the obligation

    citizens

    have

    to comply

    with

    the law simplycannot be met. The search fora single line of argument

    that will

    generate,

    for

    all or at least most

    citizens

    of most states,

    a general

    obligation

    to comply

    with

    the

    law

    is doomed

    to failure,

    and the problem

    of

    political

    obligation

    can

    only

    be solvedpiecemeal.3

    My

    concern

    in

    this

    article s

    not

    with the

    reasons

    for

    the relative ack

    of

    interest

    in

    the

    question

    of

    political

    obligation,

    but with

    the question

    itself.

    I would ike

    to thank

    Angela

    Walker,

    T.

    S.

    Champlin,

    and

    the Editors

    of

    Philosophy

    &

    Pub-

    lic

    Affairs

    for theirhelpful comments

    on

    earlier

    draftsof

    this article.

    i.

    J.

    P. Plamenatz,Consent,

    Freedom nd PoliticalObligation,

    d ed.

    (Oxford:

    OxfordUni-

    versity Press, i968), p. I63.

    2. See, e.g., Political Philosophy,

    d.

    Anthony

    Quinton Oxford:

    Oxford

    UniversityPress,

    I967), p. 13.

    3. See, e.g., MargaretMacDonald,

    The

    Language

    of Political

    Theory,

    n

    Logic

    and

    Lan-

    guage,

    ser.

    I,

    ed. A.G.N. Flew

    (Oxford:Blackwell,

    963);

    and A.

    J.

    Simmons,

    Moral

    Princi-

    ples and

    PoliticalObligations Princeton:

    Princeton

    UniversityPress,

    1979),

    esp. chap.

    VIII.

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    192

    Philosophy

    &

    Public Affairs

    I want to

    addressthis

    unfashionable

    question,

    and answer t in

    an unfash-

    ionable

    way.Political

    obligation,

    shall

    argue,can

    be seen as

    an obligation

    of gratitude:

    our obligation

    o comply

    with

    the law is grounded

    n consid-

    erations

    of

    gratitude

    or

    benefits

    receivedfrom

    the state. This,

    I

    realize,

    is

    a claimfew

    willbe disposed

    to regard

    with favor.

    The argument

    fromgrat-

    itude

    has neverenjoyed

    philosophical

    popularity.

    First sketched

    in

    Plato's

    Crito,

    it does

    not

    figure

    in the writings

    of the classical political

    philoso-

    phers of the seventeenth and eighteenth centuries. It appearsto be en-

    dorsedby

    Mill

    in On Liberty,and

    in the present

    century

    has attracted

    a

    handful

    of adherents,

    of whom

    the bestknown

    is probably

    Sir

    DavidRoss.

    But

    within the last

    decade

    it

    has

    received

    detailed critical

    scrutiny

    on

    a

    numberof occasions,

    and each

    time been

    pronounced

    adically

    defective.4

    The argument's

    widespread

    ack of

    appeal,

    however,probably

    wes

    less to

    a

    sober

    examination

    of

    its

    supposed

    defects

    than to a deeperrevulsion

    at

    the veryidea

    of basing political

    obligation

    on considerations

    of gratitude.

    Some

    perhaps

    think

    that if

    political

    obligation

    s

    a matter of

    gratitude

    we

    are boundto accede tothe demandsof the statein an uncriticaland child-

    like way,

    and

    are led

    by

    this

    thought

    to

    have no

    truck with an

    argument

    which seems

    to

    legitimize

    so

    deplorably

    upine

    an

    attitude

    to

    authority.

    Othersmay

    feel

    that,

    like

    the

    argument

    rom

    prescription,

    t

    requires

    spe-

    cial

    prior

    assumptions

    of

    a

    religious

    or

    metaphysical

    kind and

    commits its

    advocates

    to

    a

    mystical

    or

    Hegelian

    reverence

    for the state.5

    There is

    no

    denying

    the

    melancholy

    history

    of the

    argument

    from

    grat-

    itude.

    But

    nonetheless

    I

    wish

    to

    argue

    that the

    argument

    does

    represent

    a

    defensible response

    to the

    problem

    of

    political

    obligation.My

    basic

    point

    will be that discussion of the argumenthas been vitiatedby misunder-

    standing,

    prejudice,

    and

    an

    imperfect

    grasp

    of the

    nature of

    gratitude.

    As

    a

    result, only

    the less

    plausible

    versions

    of the

    argument

    have been

    con-

    sidered,

    and while the

    objections

    advanced

    against

    them

    are often

    well

    4.

    See Plato,

    Crito

    48b-52d;

    J.

    S.

    Mill,

    On Liberty London:

    Collins,1979),

    chap. IV,

    p.

    205; W.

    D. Ross, The Right

    and the Good Oxford:

    Oxford

    University

    Press, 1930),

    p.

    27;

    Plamenatz,

    Consent,

    Freedom

    nd Political Obligation,

    p.

    24;

    A.

    C.

    Ewing,

    The Individual,

    the State

    and

    WorldGovernment

    London:

    Macmillan,

    947), p.

    218. Recent

    discussions

    of

    the argument

    are

    to be foundin

    A. D. Woozley,

    Law and

    Obedience

    London:

    Duckworth,

    1979), chap.

    4;

    Simmons,

    Moral Principles

    and Political Obligations,

    chap. VII;

    M.B.E.

    Smith, IsTherea PrimaFacieObligationo Obeythe Law? YaleLawJournal

    82

    (i973),

    esp. pp.953-54.

    5. Cf.

    Nannerl

    0.

    Henry

    on the

    argument

    rom prescription

    n

    Political

    Obligation

    and

    Collective

    Goods,

    n Political

    andLegalObligation,

    Nomos

    XII,

    ed. J. R. Pennock

    andJ.

    W.

    Chapman

    New

    York:New YorkUniversity

    Press,

    1970),

    p.

    265.

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    193

    Political

    Obligation

    and the

    Argument

    from Gratitude

    founded, they neglect

    the

    possibility

    of

    restating

    the

    argument

    in

    a more

    powerful

    orm

    that would

    evade

    their

    force.

    I

    At

    least

    two

    versions

    of the

    argument

    rom

    gratitude

    are

    to be found

    in the

    literature. The first has its prototype n

    Plato's Crito

    and

    appeals

    to an

    analogybetweena citizen's

    relationship

    o the

    state

    and a

    child's

    to

    its par-

    ents.6

    It

    compares

    the benefits

    citizens

    receive from

    the state

    with the

    benefits children

    receive

    from

    their

    parents

    n the course of their

    upbring-

    ing, and argues

    that

    as

    a

    child

    owes obedience

    to

    its parents,

    the

    citizen

    has

    an

    analogous obligation

    of

    gratitude

    o

    comply

    with

    the law.

    This ver-

    sion

    of the

    argument

    need not detain

    us.

    Quite apart

    rom

    the

    many points

    ofdissimilaritybetweenpoliticaland familial

    relationships,

    which

    weaken

    the analogy,a crucial flaw in the

    argument s its assumption

    that a

    child's

    obligation

    o

    obey its parents

    s

    an

    obligationof gratitude.

    Even

    if

    we

    con-

    cede

    that children have

    obligations

    of

    gratitude

    o

    their

    parents

    and also

    have an obligation o obey them, it is unclear that the

    latter s

    a

    particular

    instance of

    the former.

    And

    if a

    child's

    obligation

    o

    obey

    its

    parents s

    not

    an obligation

    of

    gratitude,

    he

    appeal

    to the

    relationship

    between

    parents

    and

    childrendoes

    nothing

    to

    show

    that

    among any obligations

    of

    gratitude

    a

    citizen may

    have to the

    state,

    there

    will

    be, specifically,

    an

    obligation

    o

    obey the

    law.

    The second version

    of the

    argument

    needs

    to be considered at

    greater

    length.

    It

    dispenses

    with the

    analogy

    between

    political

    and familial

    rela-

    tionshipsand seeks to derivea citizen'sobligation o complywith the law

    from

    a

    general principle

    of

    gratitude.

    The brief remarks n

    Ross and Pla-

    menatz suggest

    that

    they

    would

    have

    developed

    he

    argumentalong these

    lines,

    and it

    is

    in

    this

    form

    that

    the

    argument

    has

    received careful

    scrutiny

    in A.

    J. Simmons's

    recent discussion.7As discussed

    by Simmons,

    the ar-

    gument appears

    to

    rest

    on

    the

    idea

    that

    the

    receipt

    of

    a

    benefit

    puts

    one

    under

    an

    obligation

    o

    requite

    one's

    benefactor,

    o confer on him a

    benefit

    in return for

    the benefit one has received

    from him. It

    is this

    principle

    of

    requital

    or

    reciprocation

    hat the

    argument

    applies

    to the

    relationship

    be-

    6.

    This version

    of the

    argument

    s

    discussed

    n

    Woozley,

    Law and Obedience, sp. pp.

    64-

    70,

    and

    Simmons,MoralPrinciples

    and PoliticalObligations,pp.

    I60-62.

    7. See Ross,

    The Right and the Good,p.

    27; Plamenatz,Consent,

    Freedomand

    Political

    Obligation,

    p.

    24;

    Simmons,MoralPrinciples

    and PoliticalObligations,

    hap. VII.

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    194

    Philosophy&Public

    Affairs

    tween citizen and state to establish

    the fact of politicalobligation.In out-

    line the argumentruns as follows:

    (i) The

    person

    who

    receives benefits from

    X

    has

    an

    obligation o re-

    quite or make a suitable returnto X.

    (Let us call this the principleof

    requital. )

    (2) Everycitizen has received

    benefits

    from the state.

    (3) Every citizen has

    an

    obligation

    to

    make

    a

    suitable

    return to

    the

    state.

    (4) Compliance

    with the law is a

    suitable

    return.

    (5) Every

    citizen

    has

    an

    obligation

    to

    comply

    with the laws of

    his

    state.

    Simmons rightly challenges this version of the argument. First, its

    foundation s insecure.

    As

    it

    stands, step i,

    which states the

    principle

    of

    requital, s false.

    The

    mere receipt

    of

    benefits does

    not

    put one under an

    obligation of requital or reciprocation; he person who receives benefits

    from anotherdoes not always havean obligation o requitehis benefactor,

    but only in certaincircumstances.

    So if

    we are

    to

    defend the argument,we

    need to modify step

    i

    by restrictingthe application

    of

    the principleof re-

    quital

    tQ

    hose circumstances

    in

    which beneficiaries genuinely have

    an

    obligation

    o

    requite

    their

    benefactors.

    Simmonshimself clarifies ive con-

    ditions

    which he claims must

    be

    satisfiedbefore

    the

    recipient

    of a

    benefit

    has

    an

    obligation

    of

    requital-the

    chief

    of

    these

    being

    (i)

    that

    the benefit

    must be grantedby

    means

    of

    some

    special

    effort

    or sacrifice and

    (2)

    that

    thebenefit must

    not

    be grantedunintentionally,

    nvoluntarily,

    r for

    dis-

    qualifyingreasons such as reasonsofself-interestormalice).But all this

    merely shifts

    the

    difficulty

    to

    a

    different

    point

    in

    the

    argument.

    For

    whether ornot we accept everydetail

    of

    Simmons's mplicitreformulation

    of the

    principle

    of

    requital,

    t

    looks as

    if

    the

    benefits

    citizens receive

    from

    the state will

    not meet all the conditions aid down

    by

    this new

    version of

    the principleas necessary

    for the existence

    of

    an

    obligation

    of

    requital. In

    other

    words,

    the

    problem

    will now be

    step

    2:

    if we

    modify step

    2

    in

    line

    with

    the necessary

    modifications

    to

    step i,

    what

    step

    2

    asserts will

    be

    false.8

    Simmons'ssecondobjection ocuseson step4. Evenif, as step3 asserts,

    citizens

    have an

    obligation

    of

    gratitude

    to make

    a

    suitable return

    to

    the

    state,

    it

    still

    has to be shown

    that

    compliance

    with

    the

    law

    constitutes

    a

    8. See Simmons,

    Moral

    Principles

    and

    Political

    Obligations,pp. I69-79,

    I87-90. The

    quotations ummarizing

    Simmons's

    irst and second

    conditions

    are

    takenfrom

    p.

    178.

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    195

    Political Obligation

    and theArgument

    from Gratitude

    suitable return.

    That it

    does is

    not

    self-evident.And even if this could be

    shown,

    it

    would

    not be

    enough.

    For

    what seems needed at step 4 to com-

    plete the argument is the premise that compliance with the law is not

    merely a suitable,

    but the

    uniquely suitable, return.Withoutthis stronger

    premise it may be argued that there is some other, equally suitable return

    and that the citizen who has made that return, having dischargedhis ob-

    ligation

    of

    gratitudeto the state, has

    no

    further obligationof gratitudeto

    comply with the law.9

    Finally,

    to

    add

    a comment of

    my own, this version

    of the

    argument s

    in

    fact even

    more

    seriously defective

    than

    Simmons supposes. The funda-

    mental problem

    s

    that it

    does

    not

    take sufficient account

    of

    the

    existence

    of differentkinds

    of

    obligations

    of

    gratitude,

    and in

    consequence

    states the

    basic principle

    to which

    it

    appeals

    n a

    vague

    and

    confused

    way.

    The truth

    is

    that

    the principle

    of

    requital,

    however

    qualified,

    does

    not

    focus

    unam-

    biguously on any genuine obligation

    of

    gratitude.

    In

    this

    connection it

    is

    worth remembering

    that

    Simmons

    typicallyregards obligations

    of

    grati-

    tude as a matter of compensationorrepayment.He occasionallyrefersto

    obligations

    hat it would be

    strained

    o

    characterize

    n

    these

    terms,

    but

    ap-

    parently

    without

    recognizing

    the

    significance

    of the fact.

    And he aban-

    dons his

    discussion

    of

    the content

    of

    obligations

    of

    gratitude

    without

    reaching any

    definite conclusions.

    o

    He

    has,

    I

    suspect,

    little

    interest

    in

    the

    matter because

    he

    thinks

    that

    whateverkinds

    of

    obligationmay

    be distin-

    guished,

    none will

    provide

    a

    secure foundation

    for the

    argument

    from

    gratitude.

    I

    shall

    argue

    that the

    gratefulresponse comprises

    a

    number of

    different

    obligations

    and

    that

    while we

    cannot

    base

    politicalobligation

    on

    a beneficiary'sobligationto requiteor compensatehis benefactor,argu-

    ments

    based

    on

    other

    obligations

    of

    gratitude

    have

    a

    better

    prospect

    of

    success.

    Before

    developing

    hese

    thoughts, though,

    Imust dealwith a dif-

    ficulty

    which seems

    to threaten

    any

    version

    of the

    argument

    from

    grati-

    tude.

    II

    Since the state

    is

    the

    source

    of

    the benefits

    to which the argument from

    gratitudeappeals,and the resultantobligationof gratitudes an obligation

    owed

    to the

    state, proponents

    of the

    argument

    must assume

    it

    makes

    9. See ibid., pp. I85-87;

    and cf.

    Smith,

    Is There

    a

    Prima Facie

    Obligation

    to

    Obey

    the

    Law? pp. 953-54.

    io. See Simmons, MoralPrinciples

    and Political

    Obligations,

    p. I64-69.

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    196

    Philosophy

    & Public

    Affairs

    sense to be gratefulnot onlyto individualpersons, but also to institutions.

    This assumption is,

    I

    am sure, the source of much hostility to the argu-

    ment,

    it

    being widely

    held

    that

    gratitude

    o

    institutions or even groups of

    persons is impossibleII-unless perhaps an exotic metaphysics allows us

    to conceive of socialentities as superpersons.This difficultyrequires m-

    mediate

    attention

    f

    my strategy

    s to stand

    any

    chance of

    success.

    Like many contemporary

    hilosophers,12

    I

    take the state

    to

    be

    a

    kind of

    association.I see it as a collectionofindividualsorganized orthe achieve-

    ment of certain aims

    within a

    legal

    and

    political ramework,

    and

    I

    under-

    stand

    claims about

    the

    state as claims

    about

    ndividualsor

    groups

    of indi-

    viduals nsofar

    as

    they play

    a

    part

    within

    this framework.Thus in

    speaking

    of

    politicalobligation

    as

    an

    obligation

    of

    gratitude

    owed to the

    state,

    I

    mean

    that the

    obligation

    s

    owed to

    one's

    fellow

    citizens

    collectively.Two aspects

    of

    this

    position

    deserve

    emphasis. First,

    the

    state is not

    to be

    identified

    with the

    government. Acceptance

    of

    the

    argument

    from

    gratitude does

    not commit us to

    viewing politicalobligation,

    n

    the

    manner

    of Socrates,

    as essentiallya relationshipbetween rulers nd their subjects. The ob-

    ligation

    is owed

    by

    citizens to

    their fellow

    citizens

    collectively

    rather than

    to the

    government. Second,

    the

    conception

    of the

    state as an

    association

    of

    individuals,

    whatever its

    problems,manifestly

    does

    not

    depend

    on ex-

    otic

    metaphysicalassumptions.

    If

    the

    argument

    rom

    gratitude

    has a

    mys-

    tical

    flavor,

    ts

    source

    is

    not

    here.

    Now, some may

    think that I

    have

    already

    said

    enough

    to

    dispose

    of

    the

    objection

    that

    gratitude

    to

    institutions

    is

    an

    impossibility.

    For if

    the state

    is

    no more than

    an

    associationof

    individuals,

    and

    the

    obligation

    o

    comply

    with the lawis owed to ourfellow citizenscollectively, s not the objection

    irrelevant

    to

    the

    argument

    from

    gratitude?

    Our

    fellow

    citizens

    are

    surely

    not

    an

    institution.

    I

    have

    considerable

    ympathy

    with

    this

    line

    of

    thought,

    but nonetheless

    it

    seems unwise

    to

    dismiss the

    objectionquite

    so

    quickly.

    After

    all, might

    it not

    be

    counterargued

    with

    some

    plausibility

    hat if

    our

    fellow

    citizens viewed

    collectively

    are the

    state,

    it

    follows,

    since the

    state

    is

    an institution,

    that our

    obligation

    o

    comply

    with

    the law is owed to an

    institution?

    And

    in

    any case,

    as

    I

    mentioned

    earlier,

    even

    the

    possibility

    that

    gratitudemay

    be owed to a

    group

    of

    individuals

    collectively

    s

    some-

    times held to be problematic.It will be better,I think, to proceedmore

    i

    i.

    See

    ibid., pp.

    I

    87-89.

    i2.

    See, e.g.,

    the

    account

    in D. D.

    Raphael,

    Problems

    of

    Political

    Philosophy London:

    Macmillan,

    1976),

    pp.

    39-53.

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    197

    Political Obligation

    and the Argument

    from Gratitude

    slowly

    and

    consider

    n

    its

    own

    right

    the claim that

    gratitude

    o institutions

    is impossible.

    I shall offer two arguments against this claim: first,

    that ordinary

    thought recognizes the possibility

    of gratitude o institutions, so gratitude

    of this

    kind

    is

    at

    least

    not as strange

    or

    exceptionalas some philosophers

    would have us believe;

    and

    second,

    that the

    reasons

    commonly given for

    believing that institutions

    cannot be a

    legitimate focus

    of

    gratitude are

    easilycountered.I shouldalso addthatmy own accountof gratitude,pre-

    sented

    in the next

    section,

    has no

    difficulty

    n

    accommodatinggratitude

    toinstitutions.

    But

    naturally

    at

    this stage

    I

    cannot

    develop

    this point.

    Let me

    begin my

    first

    ine of

    argument

    with

    some examples:

    the patient

    who donates

    a sum

    of

    money

    to the

    hospital

    n

    which

    she received treat-

    ment, perhaps many yearsbefore,

    and the former

    pupil

    or former

    student

    who

    gives something

    as

    a

    gift

    to his old school

    or

    university.

    These

    indi-

    vidualswill say

    that

    they

    have been

    helped

    or benefited

    by

    the

    institution,

    and

    that the donation

    or

    gift

    is

    given

    out of

    gratitude

    or to

    express

    their

    gratitude.Nor,I shouldadd,do they merely eel gratefulto the institution

    without thinking

    that

    they

    have

    any obligations

    o it.

    Sometimes this

    may

    be so. But if, say,

    the

    institution were

    in financial

    difficulty

    or

    threatened

    with

    closure, they might

    well see themselves as

    under

    an

    obligation

    to

    contribute

    o an

    appeal:

    hey

    would

    insist,

    and

    rightly,

    that

    they

    owed it

    to

    the institution

    to do

    what

    they

    could to ensure its

    survival.

    All

    this

    is fa-

    miliar

    enough. Cynics may

    attribute

    t

    to

    a

    mixture

    of

    sentimentality

    on

    the part of the donors

    and self-interest

    on the

    part

    of the

    recipient

    institu-

    tions. But why

    should the cynics always

    be

    right?

    And even

    if

    they were,

    it would stillbe asignificantfact thatsomeonewho wasnotactually grate-

    ful to an

    institution

    could

    at least

    represent

    himself

    or

    herself

    as being

    grateful

    to

    it.

    Certainlyby

    themselves

    these

    examples

    do not take us

    very

    far.

    They

    merely

    invite

    the

    stock

    response

    that the

    persons

    in

    question

    are

    really

    grateful

    not to

    an

    institution

    but to

    particular

    ndividuals

    within

    it, and

    that

    to

    describe

    them

    as

    grateful

    to the

    institution

    s

    to

    speakloosely

    and

    improperly.'3

    But this

    response,

    I

    believe,

    s

    inadequate.

    Even if

    the

    grate-

    ful

    patient

    and

    gratefulpupil

    are

    grateful

    o

    specific persons

    within the

    rel-

    evant institutions, it does not followfrom this that they are grateful to

    these persons

    and

    not to

    the institutions.

    And

    it

    is,

    after

    all,

    to

    the

    insti-

    13. See Simmons,MoralPrinciples

    and Political

    Obligations,

    p.

    I

    88.

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    I98

    Philosophy

    & Public Affairs

    tutions,

    and

    not to particular

    persons

    within

    them,

    that the

    giftsare

    given.

    Further,

    the suggestion

    that

    if we

    are to

    speakaccurately

    we

    must

    always

    describe

    individuals

    as

    grateful

    to persons,

    never

    to

    institutions,

    rides

    roughshod

    over

    a vital

    distinction.

    Mustwe

    not distinguish

    between

    the

    person

    who

    loathes

    his

    old

    school

    and all

    it

    stands

    for

    but feels

    gratitude

    towards

    a particular

    master

    who befriended

    him,

    and the

    very different

    person

    who,

    while having

    no recollections

    of

    special

    kindness

    from

    any

    particularmaster,thinksthathis schooldayswerethe happiestdaysofhis

    life?

    Against

    the background

    of these

    and

    similar

    possibilities

    he

    descrip-

    tion of someone

    as grateful

    to an institution

    seems

    sometimes

    precisely

    the

    rightdescription

    of

    him.

    But,

    our

    objector

    may persist,

    even when

    the former

    pupil

    cannotfix

    on

    any

    particular

    master

    or masters

    to whom

    he is

    grateful

    (so

    that we

    are

    inclined

    to

    say

    that he is

    grateful

    o the

    school),

    he must still

    be primarily

    or basically

    grateful

    oindividualpersons.

    His

    gratitude

    o the

    school

    rests

    on-that

    is,

    has arisen by

    association,

    ransference,

    or

    some

    other process

    out of-gratitude to certainindividuals(whom perhapshe can no longer

    identify).

    Gratitude

    o institutions

    must always

    be derivative

    n

    this

    way

    fromgratitude

    o individuals.

    This

    claim

    too,

    however,

    neednot disturbus.

    For one thing,

    it

    implicitly

    acknowledges

    the

    genuineness

    of

    gratitude

    to

    institutions.

    In

    insisting

    that

    gratitude

    o

    institutions

    s derivative,

    t con-

    cedes

    that

    gratitude

    o

    institutions

    is

    a

    genuine

    possibility.

    So

    even if the

    claim

    were

    true,

    it would

    pose

    no threat

    to the

    argument

    from

    gratitude.

    But

    the claim

    is

    not

    obviously

    rue. While

    gratitude

    o an institutionmay

    sometimes

    be

    derivative

    rom

    gratitude

    o

    persons

    within the institution-

    as when the patient who appreciatesthe dedication of the staff who

    nursed

    her

    in the

    intensive

    care

    unit is

    grateful

    to the

    hospital

    when

    she

    is,

    basically,

    grateful

    to

    these

    particular

    members

    of its staff-the

    reverse

    process

    also appears

    to be

    a

    possibility.

    What of the

    person

    who

    has

    been

    in

    hospital

    many

    times, perhaps

    without ever

    encountering

    conspicuous

    concern

    or kindness

    from the

    hospital

    staff,

    but

    who one

    day

    happens

    to

    reflect

    on

    the extent

    to which she

    has

    benefited

    fromher treatment over

    the

    years?

    Couldshe

    not feel

    grateful

    o the

    hospital

    or the

    totality

    of

    these

    benefits,

    and

    grateful

    derivatively

    to

    particular

    doctors and

    nurses

    as

    membersof this beneficentinstitution?What does seem to be trueis that

    if one is

    grateful

    to

    an

    institution,

    one's

    gratitude

    presupposes

    activity

    by

    some

    person

    or

    persons

    associated

    with

    the

    institution.(This

    would

    be

    a

    simple

    consequence

    of the truth

    that

    an

    institution

    cannot

    benefit

    or

    help

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    199

    Political

    Obligation

    and the

    Argument

    from

    Gratitude

    us except through the activities

    of

    its members.) It would be easy to con-

    fuse this point with the ratherdifferentone that gratitude o an institution

    presupposesgratitude to

    a

    person or persons associated with the institu-

    tion, and to take the

    truth of

    the former or the truth of the latter.Needless

    to say, the fact

    that

    gratitude

    o an

    institutionpresupposesactivityon the

    part

    of

    its

    members raises

    no

    difficulty

    or

    the argumentfrom gratitude.

    Ordinary hought, then, recognizes

    the

    possibility

    of

    gratitudeto insti-

    tutions, and philosophically nspired attempts to disposeof orreinterpret

    familiar

    examples

    of

    this

    possibility

    do

    not

    succeed. Further-to

    turn

    now,

    more

    briefly,

    to

    my

    second line of

    argument-the objections commonly

    advanced against

    the

    possibility

    of

    gratitude

    o

    institutions are easily met.

    Take the objectionthat we cannot be gratefulto an institution because

    gratitude s appropriate nlywhen benefits are conferred rom

    a

    particular

    motive,

    and

    institutions

    cannot have motives.'4

    Well, certainly

    an

    institu-

    tion cannot have

    motives;

    but

    institutions

    do

    have

    something analogous

    to motives. We

    can

    speak

    of

    the purpose

    or

    function

    of an

    institution,

    of

    the policieswhich guideits operations,and of the reasonswhyit produces

    whatever benefits

    it

    produces.

    We can

    distinguish

    between

    the

    intended

    and the

    unintended benefits

    that

    result

    from

    the

    operations

    of an

    institu-

    tion, and

    draw

    distinctions,

    similar

    o

    those we

    draw n

    the case

    of

    benefits

    conferred by individuals,

    between someone's

    benefiting

    from an

    institu-

    tion which exists

    to

    benefit him, his benefiting incidentally

    from

    the op-

    erations

    of an

    institution,

    his

    receiving

    benefits

    which

    are intended ulti-

    mately

    to furtherthe interests

    of

    the

    institution,

    and

    so

    on.

    Gratitude o institutions is

    a

    fascinating topic

    in

    its

    own

    right,

    and de-

    serves more attentionthan I can giveit here. I donot pretendto have ex-

    hausted the topic,

    but

    I

    do

    think

    that

    I

    have established

    a

    prima

    acie

    case

    for the

    possibility

    of

    gratitude

    to

    institutions

    that

    permits

    us

    to

    proceed

    with our

    exploration

    of the

    argument

    rom

    gratitude.

    III

    Since previous

    discussions

    of the

    argument

    from

    gratitude

    have

    been

    flawed

    by

    an

    imperfect grasp

    of

    the nature

    of

    gratitude,

    shall

    preface my

    own attemptto find a satisfactory ersionof the argumentwith some gen-

    eral remarks

    about the

    notion.

    I

    shall

    not offer

    much

    by way

    of

    defending

    14.

    See

    ibid., pp.

    189-go.

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    200

    Philosophy

    &

    Public

    Affairs

    this account of

    gratitude:I hope its constituent elements will seem per-

    suasive

    without

    argument.'5

    The core of the gratefulresponse is a set of

    attitudes.'6 We cannot un-

    derstand

    what

    gratitude

    requires

    n

    the

    sphere

    of action without

    firstun-

    derstanding

    he attitudes

    grateful

    ndividualsare

    presumed

    to have.

    Grat-

    itude,

    as

    the

    appropriate esponse

    to

    benefits received

    through

    the

    agency

    of

    a

    benefactor,

    nvolves attitudes

    both

    towards

    the

    benefit and

    towards

    the benefactor:we mustproperly ppreciate he benefit and havegoodwill

    and respect forour

    benefactor.

    The

    notions of appreciation,goodwill,and

    respect

    are

    themselvesvague

    and

    could

    do

    with further

    scrutiny-I shall

    say

    more

    below about

    goodwill-but

    our

    first

    priority

    must

    be

    to

    consider

    how

    these

    attitudes are related

    to

    the

    requirements

    of

    gratitude

    in

    the

    sphere

    of action. The fundamental

    point

    here is

    that

    the attitudes which

    form the basis

    of

    the

    gratefulresponse generateconstraints

    on action

    in

    two

    different

    ways.

    The

    grateful person must,

    on

    the

    one

    hand, demon-

    strate

    or make clear to his benefactor hat he has the

    appropriate

    ttitudes

    and, on the other, not act in ways incompatiblewith his possession of

    these attitudes.

    It

    is

    vital

    to

    keep

    these different

    types

    of

    obligation dis-

    tinct.

    What

    gratitude

    requires

    on

    the

    first

    count

    is

    essentially

    declarative.

    In discharging

    an

    obligation

    of this

    type the gratefulperson seeks

    to

    com-

    municate

    to

    his benefactor

    that

    he

    has

    certain

    attitudes:he acts not

    just

    because

    he

    is grateful

    but

    to

    show his

    benefactor hat

    he is.

    Hence what

    he does may

    have

    a

    largely symbolicsignificance,

    and his

    purpose s typi-

    cally

    achieved

    once

    and

    for all

    by

    a

    single expression

    of

    thanks

    or

    token or

    gesture

    of

    appreciation.By contrast,

    what

    gratitude

    requires

    on

    the

    sec-

    ond countis notessentiallydeclarative.When,forexample,a gratefulper-

    son hears

    that

    his

    benefactorhas fallen on hard

    times and

    is moved

    by

    goodwill

    to

    come

    to

    his

    aid,

    he acts

    not

    because

    he

    wishes

    to

    show

    that

    he

    has goodwill,

    but

    because

    he has

    goodwill-he

    may

    even act in

    secret

    and

    conceal

    his

    identity

    from

    his benefactor.The benefit he

    confers s

    substan-

    tial rather than

    symbolic,

    and

    is

    not

    naturallydescribedas

    a

    token or

    ges-

    ture of

    gratitude.Further,

    the

    requirements

    of

    gratitude

    on

    this

    second

    count cannot be met once

    and

    for all. For

    example,

    what

    the

    gratefulper-

    son is

    committed

    to

    by

    the

    goodwill

    he has

    for

    his benefactor

    depends

    I

    5. The best

    account

    of

    gratitudewith

    which I amfamiliar

    s

    Aquinas,Summa

    Theologiae

    IIaIIae,

    qq.

    I06-7. I have

    discussed some of

    thepointsI make n

    this section n

    Gratefulness

    and

    Gratitude, roceedings

    f

    the

    Aristotelian

    Society

    8i

    (i980-8i).

    I6. This point

    s

    well

    argued

    n

    Fred Berger,

    Gratitude, thics

    85

    (I974-75).

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    201

    Political

    Obligation

    and the Argument

    from Gratitude

    upon the circumstances: having helped his benefactor

    on

    one occasion,

    he is not then free

    of

    obligation, because circumstances may arise in

    which goodwillrequires

    him to

    give help again.

    All this is only

    a

    sketch,

    but it will

    suffice. The

    main

    point

    I

    wish to draw

    from it seems uncontentious: there

    are

    different kinds of obligations of

    gratitude.

    We have

    distinguished obligations

    o

    demonstrate

    our

    gratitude

    from

    obligations

    not to act in

    ways incompatible

    with the

    attitudeswhich

    makeup the core of the gratefulresponse.But we can alsodistinguishob-

    ligationsof gratitude

    n

    terms

    of

    the differentattitudesunderlying them:

    some arise

    out

    of

    goodwill,

    others

    out of

    respect,

    and so on. A

    proper

    awareness

    of this

    variety

    s essential

    if

    we are to

    develop

    a

    satisfactoryver-

    sion

    of

    the

    argument

    from

    gratitude.

    It is

    equally clear,

    I

    think,

    that

    gratitude

    s

    not a

    species

    of

    fairness.

    Quite apart

    rom

    the point

    that a

    grasp

    of

    the appropriate ttitudes s fun-

    damental

    for an

    understanding

    of

    gratitude

    n a

    way

    that it

    is not for fair-

    ness,

    it

    is plain

    that the content

    of

    obligations

    of

    gratitude s

    often

    such

    that they cannot plausiblybe thoughtof as obligationsof fairness. What

    gratituderequires

    cannot

    always

    be seen

    as, say,

    a

    matter

    of

    reciprocity

    or

    of

    conformity

    to

    a

    practice

    in which

    both

    beneficiary

    and benefactor

    are

    participants.Further,

    even when the

    content

    of an

    obligation

    of

    gratitude

    might

    allow us

    to

    view

    it

    as

    an

    obligation

    of

    fairness,

    the

    grateful person

    cannot

    be motivated

    to

    fulfill the

    obligationby

    considerations

    of

    fairness.

    If he acts

    well

    towards

    his benefactor

    only

    because he

    thinks

    that

    fairness

    requires this,

    or because he wishes

    to

    reward

    or

    compensate

    his

    benefac-

    tor,

    we shall be

    inclined to

    say

    that

    despite

    first

    appearances

    we do not

    after all have a case of gratitude.Appealsto gratitude,then, are not ap-

    peals

    to

    fairness,

    and the

    argument

    from

    gratitude

    s

    not

    a

    species

    of the

    argument

    from

    fairness.

    All this

    puts

    us

    in a

    better

    position

    to

    appreciatemy point

    that

    discus-

    sions

    of the

    argument

    rom

    gratitude

    have been

    hamperedby

    an

    imperfect

    grasp

    of the nature of

    gratitude.

    f

    (with Simmons)

    we base

    the

    argument

    on

    an

    obligation

    of

    requital,

    we leave

    it

    obscure what

    obligation

    of

    grati-

    tude this is

    meant

    to

    be.

    And

    f

    we then

    clarify

    he

    obligation as

    Simmons

    does)

    in

    terms

    of

    compensation

    or

    repayment,

    t

    seems

    no

    longer

    to

    be

    an

    obligationof gratitudeatall.True,at least one recent discussion does fare

    better

    than

    Simmons's

    in

    this

    respect.

    The

    version

    of the

    argument

    dis-

    cussed by

    M.B.E. Smith

    appeals unequivocally

    o

    the

    obligation

    to

    show

    or

    display

    our

    gratitude

    o

    a

    benefactor.But even

    Smith

    does

    not

    recognize

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    202

    Philosophy

    &

    Public

    Affairs

    the

    varietyof obligations

    of gratitude,and

    in

    dismissing

    this version

    of the

    argument

    he overlooks

    he possibility

    of a

    version

    which appeals

    not to an

    obligation

    to demonstrate

    our gratitude,

    but

    to an

    obligation

    not

    to act in

    ways incompatible

    with the attitudes

    which constitute

    the core

    of

    the

    gratefulresponse.

    It is this

    possibility

    I

    shall

    explore

    n

    what follows.

    IV

    Gratitude

    requires

    appreciation

    of the

    benefits

    we receive

    together

    with

    goodwill

    and

    respect

    for our benefactors.

    Now,

    it may

    well

    be

    possible

    to

    base

    a persuasive

    version

    of the

    argumentfrom

    gratitude

    on the

    require-

    ments

    of appreciation

    r

    respect,

    but

    our best

    chance

    of success,

    I believe,

    lies

    with

    an

    argument

    based

    on

    the

    requirements

    of goodwill-an

    argu-

    ment

    that

    appeals

    to

    our

    obligation

    not

    to act in ways

    that betray

    ack

    of

    goodwill

    or

    a benefactor.

    Letme

    first

    indicate,

    very

    roughly,

    the

    content

    of this

    obligation.

    Good-

    will fora benefactormayinvolveother constraintson our actionsbesides

    those

    I

    list;

    some

    of

    the constraints

    I list

    maybe

    as much requirements

    of

    respect

    as

    requirements

    of goodwill;

    and

    a longer

    account

    would have

    to

    offer

    more

    detailed

    formulations

    f the

    several

    constraints.

    But

    forthe

    mo-

    ment

    none

    of this

    matters.

    My

    immediate

    purpose

    s

    simply

    to

    give

    a

    pre-

    liminary

    view

    of the different

    ways

    of

    developing

    the

    argument

    from

    grat-

    itude

    in terms

    of the requirement

    of goodwill.

    With

    these provisos,

    it

    seems

    safe

    to

    say

    that

    goodwill

    or

    a

    benefactor

    requires

    one

    (a)

    to help

    him if he

    is

    in need or distress

    andone

    cando so

    atno

    great

    cost

    to

    oneself;

    (b)

    tocomply

    with

    his reasonable

    requests;

    (c)

    to

    avoidharming

    him

    or

    acting

    contrary

    o his

    interests;

    and

    (d)

    to respect

    his

    rights.

    Violation

    of any

    of these

    requirements

    would

    seem prima

    facie to

    license

    a charge

    of

    ingratitude.

    Clearly,

    however,

    an

    adequate

    version

    of the

    argument

    from

    gratitude

    must

    be based

    on

    a

    principle

    which

    is

    not

    only

    true or

    acceptable,

    but

    meets certainothercriteriaaswell.First,theprinciplemust satisfythe cri-

    terion

    of relevance.

    t

    must be

    relevant

    o,

    or

    bear

    on,

    the

    issue

    of a

    citizen's

    compliance

    with

    the

    law. We must

    be able

    to

    see

    compliance

    with

    the

    law

    as

    an instance

    of

    the

    kind of

    actionwhich

    the

    principle

    asserts

    to be

    re-

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    203

    Political

    Obligation

    and

    the Argument

    from

    Gratitude

    quired

    by

    considerations

    of

    gratitude.

    Second,

    as

    a

    response

    to

    the

    tradi-

    tionalproblem

    of

    political

    obligation,

    he argument

    rom gratitude

    must

    be

    an independent

    argument.

    If it can persuade

    us

    thatwe

    have an

    obligation

    to comply

    with

    the law only

    by

    presupposing

    anotherargument

    which

    can

    already

    persuade

    us

    of

    this,

    we

    would do

    better

    to

    jettison

    the argument

    from

    gratitude

    n favor

    of this other,

    more

    fundamental

    argument.

    Anad-

    equate

    version

    of

    the

    argument

    must therefore

    appeal

    to a

    principle

    which

    meets the criterionof independence.The actions requiredbythe principle

    must be

    actions

    whose obligatoriness

    n the name

    of gratitude

    does

    not

    de-

    pend

    on

    their

    being

    already

    obligatory

    or someother

    reason.

    Judged

    by

    these criteria,principles

    (a),

    (b), and (d) appearunlikely

    to

    yield

    adequate

    versions

    of the

    argument.

    Principles

    (a)

    and (b)

    do

    not

    seem

    to

    meet

    the criterion

    of

    relevance.

    It seems intolerably

    strained

    to

    represent

    the

    citizen

    who

    complies

    with

    the law eitheras helping

    a

    bene-

    factor

    in need

    or

    as

    meeting

    a benefactor's

    reasonable

    request:

    his com-

    pliance

    with

    the law does

    not rescue

    the state from

    anykind

    of

    grave

    mis-

    fortune, and the state does not request but demands his compliance.

    Principle(d),

    on the

    other

    hand,

    runs

    foul

    of

    the criterion

    of

    independ-

    ence.

    We

    have

    a

    general

    obligation

    o

    respect

    the

    rights

    of

    others,

    even if

    the

    violation

    of

    a benefactor's ights

    is peculiarly

    reprehensible.

    An

    argu-

    ment

    based

    on

    (d)

    will

    not count as

    an

    independent

    argument,

    since the

    appeal

    to

    (d) presupposes

    that the

    state

    already

    has

    a

    right

    to its

    citizens'

    compliance

    with the

    law,

    in which case

    the

    problem

    of

    political

    obligation

    has

    already

    been solved.

    Principle

    c),

    that one has

    an

    obligation

    o

    avoidharming

    one's

    benefac-

    tororacting contrary o his interests,maylookat firstas unpromisingas

    principles

    (a), (b),

    and

    (d).

    But

    a

    little reflection shows

    that this is

    not

    so.

    Admittedly,

    ome

    of the actionsproscribed

    by (c)

    (for

    example,

    the

    inflic-

    tion

    of

    physical

    harm on

    a benefactor)

    may

    owe

    their

    proscription

    on

    grounds

    of ingratitude

    o their being

    alreadyproscribed

    by

    some

    other ob-

    ligation.

    But this is

    not true

    of

    all the actions

    that

    come

    within the scope

    of

    the

    principle.

    It is

    not

    true, conspicuously,

    of

    some

    of the actions

    that

    involve

    damage

    to

    a

    benefactor's

    nterests

    rather

    than

    physical

    harm to

    him.

    We do

    have a

    particular

    obligation

    of

    gratitude

    o

    be

    mindful

    of our

    benefactors' nterests, to takecarenot to damagethem, and to give them

    a

    special

    weight

    in our deliberations.

    Most

    of

    us,

    for

    example,

    do not scru-

    ple

    in casual

    conversation

    o

    pass

    on

    gossip

    about mutual

    acquaintances;

    nor do

    we,

    I

    believe,

    have

    any general

    obligation

    o abstain

    from

    gossip.

    If,

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    204

    Philosophy

    &

    Public

    Affairs

    however,the

    gossip

    concerns

    someone who

    has

    given

    me a

    great

    deal of

    help, I

    dofeel

    myself

    under

    an

    obligationnot

    to

    retail

    t: I

    have an

    obliga-

    tionto

    protect

    my

    benefactor's

    eputation,

    and

    passing on

    the

    gossip is in-

    compatible with

    the

    regard I

    should

    have

    for

    his

    interests.

    Again,

    as a

    member of a

    committee,

    I

    may

    feel an

    obligationnot

    to

    vote

    for

    a

    proposal

    which

    would

    significantly

    damage

    my

    benefactor's

    nterests.

    Doubtless

    this

    obligationwill

    almost

    always be

    outweighed

    by

    my

    duty, as

    a

    member

    of the committee,to somewidergood;buteven so, I shallapologizetomy

    benefactor or

    having

    acted

    in

    a

    way

    that

    adversely

    affectshis

    interests-

    a

    fact which

    surely

    suggests the

    existence of an

    obligation hat

    has

    been

    overridden.

    Rather

    differently,

    I

    may

    feel an

    obligationnot

    to

    put

    myself

    in

    competition

    with a

    benefactor,

    and

    take

    care to

    avoid

    situations in

    which

    I

    can

    succeed

    only

    at

    his

    expense. We do

    indeed,

    it

    seems, have an

    obligation

    of

    gratitude

    not

    to

    damage

    our

    benefactors'

    nterests, and

    the

    obligatorinessof

    the

    actions

    requiredunder

    this rubric

    does

    not,

    in

    gen-

    eral,

    depend

    on

    their

    being

    already

    obligatory

    or

    another

    reason.

    Thus

    a

    version of the argumentfrom gratitude hat appealsto principle(c) can

    meet

    the criterion

    of

    independence.

    But what

    of

    the

    criterionof

    relevance?

    Is

    principle

    (c)

    relevant

    to

    the

    problem of

    political

    obligation?

    Does

    a

    citizen's

    compliance

    with

    the law

    fall within

    the

    scope

    of

    principle

    (c), so that

    noncompliancewith

    the

    law

    can

    be

    argued

    on

    this

    ground

    to

    be

    in

    violation

    of an

    obligation

    of

    grati-

    tude?

    If

    citizens are

    beneficiaries of

    the

    state-a

    matter to

    which I

    shall

    return

    below-it

    seems that

    this

    question

    must be

    answered

    affirmatively.

    In

    general,

    noncompliance

    with

    the law

    damages

    the

    interests of

    the

    state.

    It is manifestly n the state's nterests thatits citizens shouldbe law-abid-

    ing; indeed

    without a fair

    measure of

    compliance

    with

    the law

    no

    state

    could function

    or

    survive.

    This

    does

    not

    mean

    that it

    is

    in

    the

    state's

    inter-

    ests

    that

    its

    citizens should

    comply

    with

    every

    aw,

    however

    pointless,

    mis-

    conceived,

    or

    unjust,

    or that

    their

    complianceshould

    ever be

    slavish or

    un-

    critical. On

    the

    contrary,

    the

    interests of the

    state

    may

    sometimes be

    advanced f

    bad

    egislation

    s

    opposed

    or

    disregarded,

    nd in

    these

    circum-

    stances the

    argument

    from

    gratitude

    will

    demand not

    compliance,

    but

    noncompliance

    with

    the law.

    Once

    we

    have

    allowed or

    these

    points,

    how-

    ever,we can hardlydeny that it is in the state's nterests forits citizens to

    respect

    the

    law and that

    this

    respect

    will

    involve

    general

    compliance

    with

    the law.

    Ignoring

    for

    the

    moment,

    then,

    the

    ways

    in

    which

    its

    various

    premises

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    205

    Political

    Obligation

    and the

    Argument

    from

    Gratitude

    stand

    in

    need

    of

    qualification,

    we can

    summarize

    the new

    version

    of

    the

    argument

    from

    gratitude

    as

    follows:

    (i)

    The

    person

    who

    benefits fromX

    has

    an

    obligation

    of

    gratitude

    not

    to

    act

    contrary

    o

    X's

    nterests.

    (2)

    Every

    citizen

    has received

    benefits from

    the

    state.

    (3)

    Every

    citizen

    has

    an

    obligationof

    gratitude

    not to

    act

    in

    ways that

    arecontrary othe state's nterests.

    (4)

    Noncompliancewith

    the law

    is

    contrary

    o

    the

    state's

    nterests.

    (5)

    Every

    citizen

    has

    an

    obligationof

    gratitude o

    comply

    with

    the law.

    v

    This version of

    the

    argument from

    gratitudemay

    still

    not

    seem

    especially

    attractive,

    but in

    this section

    I

    shall tryto

    improve

    ts

    chances of

    accept-

    ance by

    showing

    that

    the

    objectionsmost

    likely

    to

    be

    brought

    against

    it

    do

    not succeed. I shall begin with twoobjectionswhich applyspecificallyto

    this version of the

    argument, and then

    consider some

    other

    objections

    which have a

    wider

    application.

    The

    firstobjection

    concedes

    that

    it

    is

    in

    the

    state's

    interests

    that

    its cit-

    izens should

    comply

    with

    the law but

    holds

    that

    typically

    noncompliance

    does

    not fall within

    the

    scope

    of

    principle

    (c)

    because

    it

    is

    not

    motivated

    by ill

    will

    towards he state. If

    the law

    is broken

    n

    the

    course of

    revolution-

    aryor

    seditious

    activity

    or

    because

    an

    individual

    wishes

    to

    revenge himself

    on

    the

    authorities,

    noncompliance

    may

    have this

    kind of

    motivation.

    But

    these cases are atypical:usually the lawbreakeracts out of self-interest

    and harborsno

    particular

    ll will

    towardsthe

    state.

    Hence

    in

    the

    typical

    case

    noncompliance

    with

    the law

    cannot

    be said to

    contravene

    principle

    (c)

    or violate

    the associated

    obligation

    of

    gratitude

    which a

    citizen

    may

    owe to the

    state.

    The

    facts to which

    this

    objection

    appealscannot be

    disputed;what

    is

    open

    to

    disputeis whether

    they

    justify

    the

    objection.

    I

    have

    claimed

    that

    gratitude

    requires

    a

    measure of

    goodwill

    towardsa

    benefactor,and

    that

    the

    person who

    acts

    in

    a

    way

    that

    is

    contrary o

    his

    benefactor's

    nterests

    lacks thatgoodwill.But lackof goodwilldoesnotentailpositive ll will.The

    possession of

    ill

    will

    is

    but

    one

    way

    of

    lacking goodwill:

    ndifference,

    ab-

    sence

    of

    concern,

    and want of

    consideration

    may all,

    as

    much

    as

    ill

    will,

    betray

    ack

    of

    goodwill

    or

    a

    person.

    So

    actions can

    show

    a

    lack of

    goodwill

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    206 Philosophy

    &

    Public

    Affairs

    without being motivatedby ill will; andthe fact that lawbreakers ypically

    act from motives of self-interestdoes not

    mean that their contraventionof

    the law cannot betraya lack of goodwill

    owards he state and violate

    prin-

    ciple (c).

    The second objection challenges

    what

    the first concedes. It maintains

    that while general noncompliance with the law may be contraryto the

    state's interests,

    it

    does

    not follow

    that

    individualacts of

    noncompliance

    are. Particularbreaches of the law, it insists, are not contrary o the inter-

    ests

    of the

    state.

    The idea

    is

    not

    that

    sometimes,

    in

    the

    case

    of

    bad laws,

    the state's interests may positivelyrequirenoncompliance,but that most

    particular ailures to comply

    with

    the

    law have no

    effect

    on

    the state's in-

    terests. As

    a

    rule,

    it

    is wildly implausible

    to attribute

    disastrous conse-

    quences to individual acts

    of

    noncompliance:

    few individual

    acts

    of

    this

    kind are even remotely likely

    to

    destroy

    the

    state

    or the

    legal system,

    whether

    by setting

    an

    example

    to

    others, by causing

    a

    loss

    of

    confidence

    in

    the rule

    of

    law,

    or

    in

    some other way.'7 Most breaches

    of

    the law thus

    makeno difference o the state and cannot violateany obligationciti-

    zens may

    have

    to avoid

    actionscontrary

    o

    the state's nterests.

    This objection, too,

    is

    easily

    answered. First

    of

    all, just

    as

    damage

    to a

    person's

    nterests

    need not involve

    a

    threat

    to

    his existence-his

    interests

    may

    be harmed

    without his life

    being

    even

    remotely

    n

    danger-so

    what

    poses

    no threat

    to

    the state's existence

    may

    still

    in

    some other

    way

    be

    con-

    trary

    o

    its

    interests-and

    in

    this

    connectionwe

    should

    not

    forget

    that

    typ-

    ically

    a breach

    of the

    law

    is

    at

    least

    likely

    to

    have

    some

    undesirable con-

    sequences

    for the state.

    Of

    course,

    this

    point

    does

    not take

    us

    very far;

    it

    merely exposes the coreof the objection,which is that these undesirable

    consequences

    of

    particular

    breaches

    of the law either are too trivial to

    qualify

    as

    damage

    to

    the state's nterests

    or,

    f

    they

    do so

    qualify,

    constitute

    damage

    so

    slight

    as

    to be

    negligible.

    But

    clearly,

    f

    this is the

    objection,

    t

    assumes

    that

    when

    we

    consider

    the

    bearing

    of

    acts

    of

    noncompliance

    with

    the

    law

    on

    the state's

    nterests we must take

    into account

    only

    the effects

    of each

    particular

    act

    in

    isolation.

    It

    is therefore

    an

    adequatereply

    to

    point

    out

    that this

    assumption

    is

    at

    least

    dubious.

    Many philosophers,

    and

    among

    them

    many consequentialists,

    have denied

    that

    the moral

    signifi-

    cance of an action is determinedby its effects alonein isolationfromthe

    effects

    of other similar

    actions.

    In

    particular,

    Derek

    Parfit

    has

    recently

    I7. See, e. g.,

    Woozley,Law and

    Obedience, p. I I 2ff.

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    207

    Political

    Obligation

    and

    the Argument

    from

    Gratitude

    shown

    that

    when acts have

    very

    small or

    imperceptibleeffects, we can

    sometimes

    reach

    strongly

    counterintuitive

    conclusions

    if

    we look

    only

    at

    the consequences of each act on its own: in these circumstances, he ar-

    gues, we must

    look at the

    consequences

    of what

    we collectivelydo.

    8

    Thus

    in considering

    whether

    acts

    of

    noncompliance

    with

    the law

    damage

    the

    state's interests

    we are

    certainly

    not

    obliged,as

    the

    present objection as-

    sumes,

    to confine our attention

    to

    the

    consequences

    of

    each act in

    isola-

    tion. There is no denyingthatcollectively he activitiesof lawbreakersn-

    flict

    severe damage

    on vital

    interests

    of

    the state.

    In

    the

    light

    of

    Parfit's

    argumentswe might appeal

    o

    this fact

    and

    claim that each act of

    noncom-

    pliance with the

    law

    contravenes

    principle (c)

    because

    all of

    them

    taken

    together

    cause

    significant

    damage

    to

    the state's nterests.

    So

    far

    we

    have focused

    on

    the distinctive features of

    my

    version

    of

    the

    argument

    from

    gratitude,

    and

    have

    neglected those features

    which

    it

    shares

    with

    all

    versions

    of

    the

    argument.

    In

    particular,

    we have not con-

    sidered

    its

    assumption

    that

    citizens receive benefits

    from

    the

    state,

    and

    are as a result underan obligationof gratitude o it. This assumptionwe

    must

    now examine.

    That

    citizens under

    all

    but the

    most ineffectual

    or

    barbarous

    of

    govern-

    ments receive

    significant

    benefits

    from

    the states

    to which

    they belong

    seems

    undeniable. This is

    not to

    say

    that

    the state is the source of all or

    even most

    of

    the

    goods

    we

    enjoy:

    that

    would be

    a

    grotesqueexaggeration.

    Nor do we

    all receive the same benefits

    from

    the state or

    benefit

    to

    the

    same

    degree: especially

    between citizens

    of

    differentstates there

    may

    be

    great

    variations

    n the nature

    and

    extent of

    these benefits.

    Such

    variations

    within and between states would imply that the resultant obligationof

    gratitude

    does

    not

    always

    have the same

    weight

    or

    stringency.

    But

    this is

    a

    consequence

    I am

    happy

    to

    accept. (By

    the same

    token,

    citizens

    who

    re-

    ceive

    no

    significant

    benefits

    from

    the state

    will fall

    outside the

    scope

    of

    the

    argument.

    But

    again

    this is

    no

    objection:

    do we

    really

    want to

    say

    that

    any-

    one

    in

    this unfortunatesituationhas

    a

    general obligation

    o

    comply

    with

    the

    law?) Moreover,

    he fact that

    citizens receive

    significant

    benefits

    from

    the state

    does

    not

    mean

    that

    they

    cannot

    suffer harm or

    injustice

    at

    its

    hands,

    or

    that, overall,

    they might

    not fare

    better as citizens

    of

    another

    state or outside the jurisdictionof any state. These considerations,the

    truth

    of which

    will

    sometimes

    be

    very

    difficult to

    assess,

    are

    undoubtedly

    i

    8. See DerekParfit,Reasonsand Persons Oxford:OxfordUniversityPress,I984), chap.

    3, esp. pp. 75-82.

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    208

    Philosophy

    &

    PublicAffairs

    relevant to the issue of our obligation o complywith the law. But they are

    best handled as possible grounds or distinct ines of argumentwhose con-

    clusions we must then weigh against that of the argumentfrom gratitude

    in orderto settle whether, all things considered, n a particular ase a cit-

    izen should comply

    with

    the

    law.

    If the argument from gratitude s to succeed, however, we must estab-

    lish not only that citizens receive benefits

    from

    the state but that these

    benefits place them under an obligationof gratitude.Recent discussions

    tend to take much

    too

    restrictive

    a

    view

    of

    the circumstances

    in

    which a

    grateful response

    is

    appropriate.Simmons,

    for

    example, as

    I

    have said,

    lays down five

    conditionswhich must be met beforethe

    receipt

    of a

    benefit

    can

    give

    rise

    to an

    obligation

    of

    gratitude,

    he chief

    of

    these

    being (I)

    that

    the benefit

    must be

    grantedby

    means

    of

    some

    special

    effortor

    sacrifice

    and

    (2)

    that thebenefit must

    not

    be

    grantedunintentionally,

    nvoluntar-

    ily,

    or

    for disqualifying

    reasons.

    He then

    argues

    that

    the

    benefits

    citizens

    receivefromthe state

    do not

    meet these conditions

    and

    that,

    f

    onlyforthis

    reason, the argument from gratitudemust

    fail.'9

    But should we accept

    Simmons's

    account? Is

    he not

    simply

    mistaken

    to hold that

    benefits call

    for

    gratitudeonly

    if

    they

    involve

    special

    effort or

    sacrifice

    on the

    part

    of a

    benefactor?

    If I am about to drownwhen

    a

    strong

    swimmer

    already

    n

    the

    water

    notices

    my plight,

    swims

    over,

    and rescues

    me,

    without

    any special

    effort

    or sacrifice

    on his

    part,

    do I

    owe

    him no

    gratitude?

    Would

    gratitude

    in these circumstances

    be

    inappropriate?Again,

    so

    far

    as

    motivation

    s

    concerned,

    while

    I

    may

    be under

    no

    obligation

    o

    the

    person

    who

    benefits

    me

    inadvertently

    or

    entirely

    out of

    self-interest,

    we

    must

    not

    inflate

    this

    point and claim that only benefits motivatedpurely by goodwill require

    gratitude.

    We

    should

    allow that

    obligations

    of

    gratitude

    are

    generated

    when

    benefits are

    the

    result

    of

    mixed motives

    and

    conferred

    rom a mix-

    ture

    of

    self-interest

    and

    goodwill.

    If

    so,

    we can

    accept

    that

    there is

    some

    truth even

    in

    a

    Thrasymachean

    view

    of the

    state,

    while still

    holding

    that

    the

    benefits citizens

    receive from the

    state

    give

    rise

    to

    obligations

    of

    grat-

    itude.

    Only

    if

    these benefits

    were

    provided olely by way

    of

    advancing

    the

    interests

    of

    the

    authoritiesor

    a

    particular

    lass would the

    argument

    from

    gratitude collapse. (But

    then

    if

    we

    thought Thrasymachus's

    view

    repre-

    sented the whole truth about the state, we wouldhardlywant to say that

    citizens

    have

    any obligation

    o

    comply

    with the

    law.)

    In

    sum, provided

    we

    i9.

    See

    note 8 above.

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    209

    PoliticalObligation

    and

    the

    Argument

    from

    Gratitude

    take a

    tolerably

    realisticview

    of the way the state operates

    and

    bear in

    mindwhat was

    said in Section

    II

    in response

    to the claimthat gratitude

    o

    institutions

    is impossible,

    we appear

    to

    have

    no goodreason for

    denying

    that the benefits

    citizens receive

    from the

    state

    can

    generate

    obligations

    of gratitude.

    This

    may

    be

    challenged,

    finally,

    by

    those

    who

    believe

    that

    gratitude

    to

    the state is ruled

    out by the fact

    of taxation.Taxes,

    it will be said,

    are the

    pricecitizens payfor the benefitstheyreceive fromthe state:the relation-

    ship

    between citizen and state resembles

    a commercial

    relationship,

    and

    no more

    in the one case

    than in the other

    is there a

    place

    for gratitude.

    This objection

    can be quicklydisposed

    of. First,

    we

    may challenge

    its easy

    assumption

    that gratitudenever

    has

    a

    place

    in

    commercial

    relationships.

    Second,

    we must surelyreject

    the idea that the

    relationship

    of citizen

    to

    state is

    akin to

    a commercial

    relationship.

    For one

    thing,

    the

    state,

    unlike

    a

    commercial

    nstitution,

    s

    a

    redistributive gency.

    There is

    no

    direct re-

    lationship

    between

    the taxes one pays

    andthe benefits

    one receives,many

    of the benefits providedbythe statebeingavailableeven tothose who pay

    no taxes at all. Third,

    the

    objection

    seems

    to

    equate

    the

    state

    with

    the au-

    thorities

    or

    the

    government:

    t

    represents

    taxation

    as

    the

    price paid

    collec-

    tivelyby citizens

    for

    the benefits

    suppliedby

    the government.

    Hence what

    it

    would

    exclude,

    if

    successful,

    is the

    possibility

    of an

    obligation

    of

    grati-

    tude

    owed by citizens to

    the

    government.

    But this is

    not what

    I

    have

    sought

    to establish.

    In

    my

    view

    politicalobligation

    as

    an

    obligation

    of

    grat-

    itude

    to the state is

    an

    obligation

    which each citizen owes

    to his

    fellow cit-

    izens collectively.

    VI

    Sections IV

    and V present

    what

    I

    believe

    is a strongcase

    for my

    version of

    the argument

    from

    gratitude.

    More

    can be saidin its defense,

    but I prefer

    to conclude

    with a number of

    more general

    pointswhich

    I hope will place

    my enterprise

    n

    a

    favorable

    ight and supply

    a motive for tackling

    what-

    ever other

    difficulties

    are

    thought

    still

    to lie

    in

    its

    way.

    First,

    the claim

    made by my

    versionof the

    argumentis

    a

    limited

    one.

    Although t seeks in the spiritof traditional nswersto the problemof po-

    litical

    obligation

    to

    establish

    a general

    obligation

    o

    comply

    with the law,

    thisobligation

    s only,

    in

    Ross's

    phrase,

    a

    prima

    acie obligation,

    and I

    have

    said nothing

    about

    ts

    weight

    or

    stringency,

    save to remark

    hatit will vary

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    210 Philosophy

    &

    Public Affairs

    with the nature

    and

    extent

    of the

    benefits

    a

    citizen receives.

    My version of

    the argument, then, unlike the Socraticversion

    in

    the Crito, allows that

    our obligation

    of

    gratitude

    to

    comply

    with

    the

    law

    may

    sometimes be

    overriddenby other, weightier obligations

    and

    does

    not involve us in any

    extravagant

    commitments.

    Second,considerations

    of

    gratitude

    can

    provide

    a

    congenialframework

    for reflection

    on

    other issues

    in

    politicalphilosophy.As we have seen, the

    considerationsto which my version of the argumentfrom gratitude ap-

    peals

    would

    justify noncompliance

    with

    the

    law in

    certain

    circumstances.

    Itlooksthereforeas

    if

    they

    could

    supply

    the foundation or a

    theory

    of civil

    disobedience.20Further,

    since

    the motivationof the

    benefits

    we

    receive

    bearson the appropriateness

    f a

    gratefulresponse