A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the (...) objection that this ignores the fact that civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment (...) to engaging with others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

An impressive body of recent literature posits that traditional notions of civil disobedience prevent us from properly considering potentially legitimate types of ‘uncivil’ political lawbreaking. When might uncivil (covert, legally evasive, morally offensive and potentially violent) lawbreaking prove normatively acceptable? If justifiable, what conditions should its practitioners be reasonably expected to meet? Despite some important insights, defenders of uncivil disobedience rely on a narrow and sometimes misleading view of civil disobedience, as previously practiced and (...) theorized. Notwithstanding legitimate skepticism about Rawlsian notions of civil disobedience, they reproduce its troublesome binary or ‘all-or-nothing’ view of political lawbreaking. Uncivil disobedience’s proponents tend to group a vast array of distinctive types of lawbreaking under one amorphous categorical rubric, impeding the suitably complex, nuanced analysis we need. A superior approach would pay careful attention to uncivil disobedience’s ambivalent historical record, a record suggesting that UD is more likely to reproduce authoritarian populism’s disturbing political logic than counteract it. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with (...) the aim of protecting the environment)—we argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

What are our responsibilities in the face of injustice? How far should we go to fight it? Many would argue that as long as a state is nearly just, citizens have a moral duty to obey the law. Proponents of civil disobedience generally hold that, given this moral duty, a person needs a solid justification to break the law. But activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are (...) times when, rather than having a duty to obey the law, we have a duty to disobey it. -/- Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice. We must expand political obligation to include a duty to resist unjust laws and social conditions even in legitimate states. -/- For Delmas, this duty to resist demands principled disobedience, and such disobedience need not always be civil. At times, covert, violent, evasive, or offensive acts of lawbreaking can be justified, even required. Delmas defends the viability and necessity of illegal assistance to undocumented migrants, leaks of classified information, distributed denial-of-service (DDoS) attacks, sabotage, armed self-defense, guerrilla art, and other modes of resistance. There are limits: principle alone does not justify law breaking. But uncivil disobedience can sometimes be not only permissible but required in the effort to resist injustice. (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...

Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent (...) the violent disobedience can be justified, as it is always good to be careful about violence that risks harming the innocent, but other forms of civil or uncivil disobedience may rightly be demanded in realistic circumstances. As I see it, these, along with the general warning to not unwittingly serve the status quo by dismissing social movements merely because of “incivility” and the proposal of the civic virtues of vigilance and open-mindedness, are significant contributions to the literature and could also benefit a politically interested general audience greatly. (shrink)

In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey (...) the law. The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being (...) reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

A Duty to Resist: When Disobedience Should be Uncivil, by DelmasCandice. New York: Oxford University Press, 2018. Pp vii + 295.

Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, civil disobedience.

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions (...) in political and legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)

This paper considers the boundaries of "civility" in civil disobedience, by focusing on an extreme form of protest, namely, bossnapping. The latter involves workers 'kidnapping' their bosses, in order to force them to listen to their grievances. I argue that, notwithstanding its use of force, bossnapping may, under some circumstances, fulfil the requirements of a "civil" act of disobedience.

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm (...) cases to expand the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

This paper suggests that liberal democratic governments adopt a reconciliatory approach to conscientious disobedience. Central to this approach is the view – independent of whether conscientious disobedience is always morally justified – that conscientious disobedience is normatively distinct from other criminal acts with similar effects, and such distinction is worthy of acknowledgment by public apparatus and actors. The prerogative applies to both civil and uncivil instances of disobedience, as defined and explored in the paper. Governments (...) and courts ought to take the normative distinction seriously and treat the conscientious disobedients in a more lenient way than they treat ordinary criminals. A comprehensive legislative scheme for governments to deal with prosecution, sentencing, and imprisonment of the conscientious disobedients will be proposed, with the normative and practical benefits of such an approach discussed in detail. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let them (...) speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Why you have the right to resist unjust government The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their governments: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is a fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow (...) the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can’t fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of “uncivil disobedience.” We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the (...) equal assurance of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

From the Ancient Greeks, through medieval Christian doctrine, and into the modern age, philosophers have long held envy to be irrational, a position that increasingly accompanies the political view that envy is not a justification for redistributing material goods. After defining the features of envy, and considering two arguments in favour of its irrationality, this article opposes the dominant philosophical and political consensus. It does so by deploying Rawls's much-ignored concept of ‘excusable envy’ to identify a form of envy that (...) is not imprudent and does not mis-describe. With this work completed, the article then argues – no doubt controversially – that excusable envy constitutes good grounds for redistribution or inequality-mitigation. In so doing, the article throws light on the moral significance of certain forms of uncivil disobedience, and also offers a new vocabulary for popular ‘politics of envy’ debates, which are yet to acknowledge the role of social institutions in reproducing envy-excusing economic inequalities. (shrink)

Can politically inspired property damage or destruction be justified? This question is hardly of mere academic interest, in light of recent political protests in Hong Kong, the USA, and elsewhere. Against some contemporary writers, I argue that placing property damage under an open-ended rubric of uncivil disobedience does not generate the necessary conceptual and normative distinctions. Drawing on Martin Luther King, Jr., I instead argue that property damage should not be equated or conflated with violence against persons; it (...) also takes a variety of quite different forms. Anyone hoping to pursue politically motivated property damage should meet preconditions whose stringency will be determined by a key question: Do their acts generate or at least plausibly relate to violence against persons? Our answer to the question provide some space for legitimate, politically motivated property damage. Although some theories of property resist the strict delineation of violence to persons from property damage I defend, they fail to capture the realities of property ownership in existing societies, including the USA and, as such, do not undermine my defense, under existing conditions, of limited property damage. (shrink)

Of late, resistance has become a central notion in political theory, standing at the heart of attempts to respond to the dilemmas of contemporary times. However, many accounts tend to ascribe to an idealised, heroic view. In this view, resistance represents a clearcut action against injustice and stems from individuals’ conscious choice and their unwavering ethical commitment to the cause. Some liberal scholars, most notably Candice Delmas and Jason Brennan, have argued that citizens of democratic societies have a moral duty (...) to resist state-sanctioned injustice. This resistance occurs either through ‘principled – civil or uncivil – disobedience’ or through ‘defensive actions’. While acknowledging that pervasive injustice can compromise our cognitive and moral capacities, however, their articulation of our political obligation to resist refrains from a sustained examination of the moral dilemmas, uncertainties and risks that arise when fighting systemic oppression. (shrink)

In this essay, I make the interpretive claim that we cannot properly understand the Federalist without appreciating the extent to which the papers mount a sustained rejection of extra-constitutional democracy—practices in which people aim to assert authority over the terms of common life in ways that are not sanctioned by existing laws. I survey such practices, which were common in America before and after the Revolution. I argue that there is continuity between Publius’s justification for rejecting extra-constitutional democracy and his (...) justification for his preferred system against constitutional alternatives. Adequate analysis and evaluation of the Federalist’s arguments about faction, representation, and institutional design require attention to the double duty the arguments play against constitutional and extra-constitutional opposition. This interpretive argument supports several analytic and evaluative conclusions. First, we must distinguish a new form of “non-hierarchical dualist” constitutionalism, according to which irregular democratic activity need not be limited to extraordinary “constitutional moments” or revolutions. Second, the politically egalitarian character of procedures depends not on the procedures alone, but how the maintenance of such procedures limits other forms of democratic practice. Third, the argument suggests a novel defense of “uncivil” disobedient politics: one grounded not in contributions to democratic deliberation, but in the entitlements of citizens to direct assertions of authority over common life. (shrink)

In this piece, the editor of Common Knowledge offers excerpts from his two-year correspondence with a reader in Hong Kong, who was drawn to arguments made in the journal about maintaining “quietism and resistance in the face of vile behavior.” In the summer and fall of 2019, during the insurrection in Hong Kong, his correspondent shifts rapidly from taking comfort in CK’s defense of quietism to a full embrace of “uncivil disobedience.” She implies that the solidarity the editor (...) expresses with Hong Kong is merely rhetorical, and he responds by writing this article and quoting in it the entire text of the 1984 Joint Declaration of the Chinese and British governments on the question of Hong Kong. The declaration’s guarantees of autonomy and civil rights appear in bold italics. The editor concludes by suggesting that it falls to the United Nations Security Council to enforce the terms of the treaty. (shrink)

The chapter asks how political protest that falls under the definition of a criminal offense should be evaluated, for instance, protest against the insufficiency of measures against climate change. It takes the perspective of criminal law theory and assumes that criminal law theory should integrate debates in moral philosophy and political philosophy. The author analyses the notion of civil disobedience and argues that it would be preferable to avoid this term. She is also critical regarding both the rediscovered focus (...) on conscience and recent literature in the field of political theory that proposes to supplement or replace civil disobedience with uncivil disobedience. Other than these current debates postulate, the author assumes that the judgment „politically legitimate“ is more demanding than the notion of civil disobedience. It requires a close examination of goals and the means that are used to put pressure on decision-makers. Attempts to deal with macro level risks such as the risks of climate change have to recognize that this requires genuinely political coordination and that it is not legitimate to instrumentalize third parties for the purpose of political protest. For the application of criminal law, this means that the term “danger” in the necessity defense (§ 34 German Criminal Code) must be interpreted narrowly. Punishment should not be mitigated based solely on the argument that protesters act with altruistic motives but only if protest is moderate and politically legitimate. (shrink)

According to a prominent argument, citizens in unjust societies have a duty to resist injustice. The moral and political principles that ground the duty to obey the law in just or nearly just conditions, also ground the duty to resist in unjust conditions. This argument is often applied to a variety of unjust conditions. In this essay, I critically examine this argument, focusing on conditions involving institutionally entrenched and socially normalised injustice. In such conditions, the issue of citizens’ duties to (...) resist is complicated. I conclude by considering how my discussions may clarify a contemporary problem about engaging in resistance to aid potential migrants who have been turned away by states in accordance with widely accepted rules. (shrink)

Civil disobedience is a conscientious, unlawful, and broadly nonviolent form of protest, which most political philosophers and many non-philosophers are inclined to treat as potentially defensible in democratic societies. In recent years, philosophers have become more receptive to long-standing complaints from activists that civil disobedience is an unduly restrictive framework for considering the ethics of dissent. Candice Delmas and Jason Brennan have written important books that illustrate and strengthen this trend, both defending forms of “uncivil” resistance that (...) go beyond the narrow confines of civil disobedience. Their books offer contrasting but complementary philosophical defences of incivility as a tactic of resistance, but it is nonetheless a mistake to conclude that the rich tradition associated with civil disobedience no longer has any relevance for resistance in national, transnational, and global contexts. (shrink)

I review José Medina's The Epistemology of Protest: Silencing, Epistemic Activism, and the Communicative Life of Resistance, and raise some questions about the felicity, legitimacy and civility of protest.

Uncivil behavior by leaders may be viewed as an effective way to motivate employees. However, supervisor incivility, as a form of unethical supervision, may be undercutting employees’ ability to do their jobs. We investigate linkages between workplace incivility and perceived work ability, a variable that captures employees’ appraisals of their ability to continue working in their jobs. We draw upon the appraisal theory of stress and social identity theory to examine incivility from supervisors as an antecedent to PWA, and (...) to investigate job involvement and grit as joint moderators of this association. Results from data collected in two samples of working adults provided evidence for three-way interactions in relation to PWA. Among employees with high levels of grit, there was no significant relation between supervisor incivility and PWA, regardless of employee job involvement. However, we found some evidence that for those low in grit, having high job involvement was associated with a stronger relationship between supervisor incivility and PWA. Findings attest to the importance of unethical supervisor behavior, showing the potential for supervisor incivility to erode PWA, as well as the importance of grit as a potential buffer. (shrink)

The paper aims to explain different cases of disobedient institutional behavior using the attitude-based model. The issue of how to analyze and capture the faces of disobedience in a simple model is approached in three steps: first, misbehavior is defined as a certain lack in normative attitudes; second, these attitudes are distinguished in terms of normative acceptance and normative guidance; and third, combinations of these attitudes represent basic types of disobedience: opposing, transgressing and conforming. These three categories constitute (...) an analytical typology of disobedient agents compatible with the theory of social institutions. (shrink)

Conscientious disobedients often face the demand to differentiate themselves from criminals whose law-breaking actions are not undergirded by conscientious convictions. In public and philosophical discourse, conscientious disobedients are often criticised on the basis that their actions render them no different from criminals. I provide a qualified defence of disobedients in this essay. I argue that the differentiation demand can be satisfied even by disobedients who engage in what are typically regarded as radical acts of disobedience. In practical terms, this (...) means that even disobedients who engage in actions such as arson, looting, rioting, vandalism or vigilantism can also successfully differentiate themselves from criminals. (shrink)

In Uncivil Unions, Adrian Daub presents a truly interdisciplinary look at the story of a generation of philosophers, poets, and intellectuals who turned away from theology, reason, common sense, and empirical observation to provide a purely ...

This article argues humans should not be defined strictly at their physical boundaries with clear distinctions between anatomical bodies, mental states, and the rest of the world. Rather, diverse mental states, which are often diagnosed as “mental illness,” take shape within greater environmental forces and flows, including those that are constructed online. Drawing from a multi-sited ethnography of The Icarus Project, a radical mental health community, the author situates online narratives written by two of its members within posthuman emotional ecologies (...) in which the exchange of ideas online affects mental states in a profound way. These narratives can be seen as a new type of psychiatric resistance based in new technologies, one that “uncivilizes” mental illness by searching for alternative frameworks and metaphors to understand lived experiences with mental distress. This ethnographic perspective differs significantly from traditional bio-psychiatric models and interventions and can offer both patients and mental healthcare providers with an alternative language to frame mental health. (shrink)

There has recently been a flurry of activity in the philosophy of language on how to best account for the unique features of epithets. One of these features is that epithets can be appropriated (that is, the offense-grounding potential of a term can be removed). We argue that attempts to appropriate an epithet fundamentally involve a violation of language-governing rules. We suggest that the other conditions that make something an attempt at appropriation are the same conditions that characterize acts of (...) civil disobedience. Accounting for attempts at appropriation is thus both a linguistic and socio-political endeavor. We demonstrate how these two facets of attempts at appropriation also help us understand the communicative features of civil disobedience. (shrink)

The global age is distinguished by disobedience, from the protests in Tiananmen Square to the fall of the Berlin Wall, to the anti-G8 and anti-WTO demonstrations. In this book, Raffaele Laudani offers a systematic review of how disobedience has been conceptualized, supported, and criticized throughout history. Laudani documents the appearance of "disobedience" in the political lexicon from ancient times to the present, and explains the word's manifestations, showing how its semantic wealth transcended its liberal interpretations in the (...) 1960s and 1970s. Disobedience, Laudani finds, is not merely an alternative to revolution and rebellion, but a different way of conceiving radical politics, one based on withdrawal of consent and defection in relation to the established order. (shrink)

Disobedience as a psychological and moral problem -- Prophets and priests -- Let man prevail -- Humanist socialism.

Climate activists have recently engaged in widely publicized acts of politically motivated lawbreaking. This article identifies and critically analyzes two seemingly overlapping but in fact divergi...

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the (...) reform of a conflict between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally legitimate according to (...) that framework – even though illegal and probably condemned by the standard moral norms. The case is that of a small group of Paraguayan campesinos (small farmers) suffering from the effects of a severe drought. In the third part, I introduce the concept of noncivil disobedience: I call an act of noncivil disobedience a conscientious, public, illegal and forcible act whose performance, while not necessarily intended directly as a means to bring about social and/or political change, may help to trigger these changes indirectly. In the fourth part, I suggest that certain instances where the right of necessity is overtly exercised – as in the case of the famine-struck Paraguayan campesinos – may also be interpreted in terms of noncivil disobedience, insofar as they serve a double function: as a means of satisfying immediate need, and as a marker of discontent in a society where the equal rights of individuals are a nominal ideal which remains unfulfilled in practice. I then address two objections that may be raised against resurrecting the idea of a right of necessity and identifying it in certain instances with noncivil disobedience. I conclude by suggesting that, at the point of convergence between the two, a basic right like the right of necessity recovers its value as an active, (rather than passive) entitlement of its holders, while the use of force enters the picture as a legitimate means that – at least under certain circumstances – may be resorted to within the limits of civil society. (shrink)

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience (...) and Deliberative Democracy offers a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)