David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 10 (4):379-399 (2004)
In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient.
|Keywords||civil disobedience constitutional rights Cour de cassation human rights interpretation|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Edward H. Madden (1968). Civil Disobedience and Moral Law in Nineteenth-Century American Philosophy. Seattle, University of Washington Press.
Brian J. Huschle (2002). Cyber Disobedience. International Journal of Applied Philosophy 16 (1):69-83.
Kimberley Brownlee (2007). The Communicative Aspects of Civil Disobedience and Lawful Punishment. Criminal Law and Philosophy 1 (2):179-192.
Jennifer Welchman (2001). Is Ecosabotage Civil Disobedience? Philosophy and Geography 4 (1):97 – 107.
Vinit Haksar (1976). Rawls and Gandhi on Civil Disobedience. Inquiry 19 (1-4):151 – 192.
Fred R. Berger (1970). 'Law and Order' and Civil Disobedience. Inquiry 13 (1-4):254 – 273.
Michael Martin (1990). Ecosabotage and Civil Disobedience. Environmental Ethics 12 (4):291-310.
Kimberley Brownlee (2004). Features of a Paradigm Case of Civil Disobedience. Res Publica 10 (4):337-351.
Added to index2009-01-28
Total downloads18 ( #130,687 of 1,696,306 )
Recent downloads (6 months)3 ( #177,943 of 1,696,306 )
How can I increase my downloads?