The communicative aspects of civil disobedience and lawful punishment

Criminal Law and Philosophy 1 (2):179-192 (2007)
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Abstract

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other

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Kimberley Brownlee
University of British Columbia

Citations of this work

Democracy.Tom Christiano - 2008 - Stanford Encyclopedia of Philosophy.
Civil Disobedience and the Public Sphere.William Smith - 2011 - Journal of Political Philosophy 19 (2):145-166.
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Punishment.Zachary Hoskins - 2016 - Analysis 77 (3):anw022.
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The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.

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