Democracy, deliberation and disobedience

Res Publica 10 (4):353-377 (2004)
Abstract
This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest.
Keywords civil disobedience  contestation  deliberative democracy  justification  non-violence
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    Patti Tamara Lenard (2010). What's Unique About Immigrant Protest? Ethical Theory and Moral Practice 13 (3):315 - 332.
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