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)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other (...) related, yet ultimately different, modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...) instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I (...) suggest we look at political movements. I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge (...) injustices in the international system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

Activities protesting against major polluters who cause climate change may cause damage to private property in the process. This paper investigates the case for a more international general basis of moral justification for such protests. Specific reference is made to the Kingsnorth case, which involved a protest by Greenpeace against coal-powered electricity generation in the UK. An appeal is made to Rawlsian fairness arguments, traditionally employed to support the obligation of citizens to their national governments as opposed to their international (...) duties. The argument made here, however, is that there seem to be sufficient reasons for holding that a stable climate is one of the first truly global public goods that is indispensable to acceptable standards of living everywhere. This would suffice to justify international and intergenerational 'atmospheric' political obligations, which in turn may justify protests - even those causing some damage to private property - against the laws and policies that violate the fair terms of cooperation in providing a stable climate. The fairness argument aims also to provide a ground from which Green political theory could integrate accounts of radical forms of citizenship into appeals to state political authority. This leads to justifying acts of civil disobedience on the basis of novel understandings of 'atmospheric' citizenship obligations. (shrink)

This chapter examines the tension between the justification and the punishment of civil disobedience, and theorists’ common solutions to it, by focusing on two central questions: first, should the state punish civil disobedience? Second, should the civil disobedient accept punishment? It presents the theoretical lay of the land on each of these questions, with particular attention to American jurisprudence on civil disobedience. The third part takes a step back to ask anew, how (...) should we think about civil disobedience? and uncovers some problematic assumptions behind the common theoretical approach to the “problem” of civil disobedience. (shrink)

It is still an open question whether or not Civil Disobedience (CD) has to be completely nonviolent. According to Rawls, “any interference with the civil liberties of others tend to obscure the civilly disobedient quality of one's act”. From this Rawls concludes that by no means can CD pose a threath to other individuals' rights. In this paper I challenge Rawls' view, arguing that CD can comprise some degree of violence without losing its “civil” value. However, (...) I specify that violence must not be aimed at seriously injuring, or even killing, other individuals. This would contravene the communicative aspect of CD. The main claim is that what really is important is that the civil disobedients be willing to accept the punishment following their law-breaking behaviour. By doing so, they demonstrate the conscientiousness of their civilly disobedient action. This also shows that they are aiming for future cooperation with the State, and are expecting the State to be sensitive to their concern for the principles of justice. (shrink)

Recent discussions of civil disobedience show the world of scholarship and public affairs in disarray. Not only is there considerable disagreement over how civil disobedience is to be justified, there is hardly less disagreement over what civil disobedience is. Can it be violent, or must it be nonviolent, in intention and in outcome? Can civil disorder be a special case of mass civil disobedience? Must civil disobedience proceed within the (...) framework of the existing politico-legal system or may it be revolutionary in intention? Could it be anarchistic? Should the authorities endeavor to prosecute and punish the civil disobedient as though he were a common criminal? Is disobedience which results in no punishment of the disobedient not civil disobedience after all? Because of disagreements over the answers to these questions, the description of an act as an act of civil disobedience is likely to be ambiguous and controversial not only for the general public and the government but even in some cases for the protesters themselves. Confusion rooted in honest misunderstanding is compounded by bad faith, by basic disagreements over the ideal and the actual relations between the individual and the state, and by obscurity in the facts surrounding the intentions of the protesters and the consequences of their acts. (shrink)

Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the (...) relevance of resorting to civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who (...) use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who (...) use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of (...) us is bound to obey the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice. (shrink)

This book interrogates the nature and state of African American citizenship through the prism of Social Contract Theory. Challenging the United States’ commitment to African American citizenship, this book explores the idea of Social Nullification, the decision to reject, revoke and re-define the social contract with a state and society. Charles F. Peterson surveys the history of Social Contract Theory, examines Nullification as political and legal theory, argues public policy as a measure of the state’s commitment to (...) the contractarian relationship and frames the writings and activism of Martin R. Delany, Ida B. Wells-Barnett and the African American Reparations Movement as examples of Social Nullification and challenges to the terms of Black life in America. (shrink)

Traditionally, acts of civil disobedience are understood as a mechanism by which citizens may express dissatisfaction with a law of their country. That expression will typically be morally motivated, non-violent and aimed at changing their government’s policy, practice or law. Building on existing work, in this paper we explore the limits of one well-received definition of civil disobedience by considering the challenging case of the actions of animal activists at sea. Drawing on original interviews with advocates (...) associated with Sea Shepherd, Greenpeace and Humane Society International we find that even if animal activists are morally motivated and civil, the transnational nature of their activity makes it difficult to assess their intention to bring about a change in law or public policy. This means that a civil disobedience defence may not be available to activists operating across international borders. This raises important questions about the usefulness of the civil disobedience concept within the context of a globalised world. We conclude that while the actions of some anti-whaling activists may not meet definitions of civil disobedience as conventionally understood, this says more about the narrow way in which that concept has been traditionally defined, than it does about the type of activity some anti-whaling activists have undertaken in the Southern Ocean. Finally, we argue that activists wishing to make a stand against whaling may have no choice but to act as global citizens because policy change within a single nation-state is unlikely to lead to the cessation of this inherently transnational activity. (shrink)

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. (shrink)

In the first section I compare and contrast Rawls's and Gandhi's views on civil disobedience as a form of persuasion. I discuss the difficulties facing such forms of civil disobedience; the argument that such forms of civil disobedience are redundant is examined and rejected. Some modifications of Rawls's theory are suggested regarding when civil disobedience is justified and what form it should take. Also, I argue, as against Rawls, that the Rawlsian (...) class='Hi'>State should, when that is necessary to prevent anarchy, be allowed to use severe measures against disobedients. In the second section I develop a second strand in Gandhi's thinking about civil disobedience, which links it with non?cooperation and which appears to be partly discrepant with his view of civil disobedience as a form of non?coercive persuasion. I attempt to show that Gandhian civil disobedience may effectively frustrate the evil policies of the State, without converting the State and yet without being coercive in any evil sense. (shrink)

The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through (...) her willingness to condemn, and to dissociate herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication -- coercion, publicity and violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Catholic Conscience and Civil Disobedience:The Primacy of TruthAngel Perez-Lopez and Israel Perez-LopezIntroductionSacred Scripture describes different examples of moral conscience dictating civil disobedience. For instance, think of the situation of Daniel (see Dan 6:6–10). In this and many other cases, we always find, above all, a defense of truth and of its primacy over conscience and civil authority.1 In a culture that rapidly abandons Christendom (...) and rejects the Catholic social values once prevalent, this same issue is gaining prominence.Recent civil mandates related to Covid-19 vaccination are raising anew the challenging moral question, among faithful Catholics, concerning the legitimacy of civil disobedience.2 Part of the difficulty consists in the struggle [End Page 773] to harmonize two statements from the Congregation for the Doctrine of the Faith (CDF) concerning the Covid-19 vaccines.On the one hand, it is affirmed that, under certain circumstances, the use of some of these vaccines is morally permissible: "When ethically irreproachable Covid-19 vaccines are not available (e.g. in countries where vaccines without ethical problems are not made available to physicians and patients, or where their distribution is more difficult due to special storage and transport conditions, or when various types of vaccines are distributed in the same country but health authorities do not allow citizens to choose the vaccine with which to be inoculated) it is morally acceptable to receive Covid-19 vaccines that have used cell lines from aborted fetuses in their research and production process."3On the other hand, the CDF also affirms that vaccination should be voluntary; it is not obligatory as a rule: "Practical reason makes evident that vaccination is not, as a rule, a moral obligation and that, therefore, it must be voluntary."4Some Catholics are clinging to the first affirmation to advocate for the primacy of authority in the civil mandate to be vaccinated. Others, instead, are clinging to the second affirmation to uphold the primacy of conscience and the right to civil disobedience. The controversy is reaching a boiling point in the United States. It seems that tertium non datur.In this essay, however, aided by the guidance of our moral magisterium and Thomas Aquinas, we would like to show how these two statements from the CDF are not incompatible. We would like to offer a third option to the ones previously described. Our thesis is that the way to bring about the harmony of both statements consists in underscoring the primacy of truth, in our comprehension of conscience, authority, and civil disobedience.The essay will be divided into two different sections. The first section deals with the general principles at play in the Catholic understanding of conscience and civil disobedience under the primacy of truth. Thus, it focuses on providing some needed information to get rid of the relativistic and political lenses through which many Catholics today are approaching the vaccine mandates. The second section of the essay is instead more particular. It makes a moral evaluation of the recent mandates to be vaccinated. [End Page 774]General PrinciplesToo Political?As Catholics, we should not be so radical as to think that moral theology has nothing to say about these political matters. A legitimate understanding of the separation between church and state does not forbid the Church's magisterial teaching and moral theology to be concerned with this issue.The Church is not only a mother but also a teacher: "The church's motherhood can never in fact be separated from her teaching mission, which she must always carry out as the faithful Bride of Christ, who is the Truth in person."5Moreover, "life in common within the State possesses a relevant moral value and presents specific demands that—according to the law of the Incarnation, though with a completely particular modality—enter in to form a part of the following of Christ. Therefore, moral theology must treat of it."6Thus, we would like to invite our readers to divest from political biases that may be influencing their reasoning. This is not about being Republican or Democrat first and then using one's faith to express our political views. The... (shrink)

Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal (...) system by helping to remove these causes of disorder. Thus, civil disobedience is sometimes justifiable in terms of its contribution to law and order. (shrink)

Many believe strongly that states, even democratic states, commit serious moral harm by adopting policies that allow elective abortions. What avenues are available to citizens of those states who oppose such policies? In this paper I contest Nicholas Dixon’s claim that there is only a very limited scope for acts of civil disobedience in response to pro-abortion state policy. While acknowledging that a state policy of not allowing elective abortions imposes significant burdens on pregnant women, I (...) contend that a consistent political liberalism—committed to the idea of state neutrality—must recognize the validity of significant, even invasive, civil disobedience in response to states that follow a policy of allowing elective abortions. (shrink)

Should animal advocates be allowed to publicly display graphic footage of how animals live (and die) in industrial animal use facilities? Cube of truth (‘cube’) demonstrations are a form of animal advocacy aimed at informing the public about the realities of animals’ experiences in places such as slaughterhouses, feedlots, and research facilities, by showing footage of mostly lawful practices within these workplaces. Activists engaging in cube-style protests have recently been targeted by law enforcement agencies in two Australian states on the (...) basis that the footage on display was too offensive to be shown in public. In this paper, I argue that these justifications do not stand up to scrutiny. Using an original politics of sight analysis, this paper demonstrates how the democratic costs associated with targeting cube protests outweigh the costs to the public. Cube activists are engaging in public dialogue by drawing attention to sites of potential injustice, and are playing an important role in highlighting the agency of the animals involved in exploitative industries. I further make the case that, where such demonstrations fall foul of the law, they should be regarded as legitimate acts of civil disobedience. (shrink)

The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article (...) builds on theApology. Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation. (shrink)

The ecological crisis is endangering life on Earth as we know it, giving rise to multiple protests, strikes and marches around the world, most of them lead by children and teenagers. The aim of this paper is to argue for the legitimacy of the presence of children and teenagers in political life in the current state of the ecological crisis through a seemingly paradoxical kind of participation: civil disobedience, i.e. refusal to participate. The paper will start by (...) addressing the need to think the ecological crisis and analyze its origins; it will then consider the significance of the role performed by children and teenagers in the political stances regarding the crisis on the basis of Hannah Arendt’s ontological-political thought. (shrink)

ABSTRACTOn 4 September 2015 asylum seekers who got stranded in Budapest’s Keleti train station began a march to cross the Austrian border. Their aim was to reach Germany and Sweden where they believed their asylum claims would be better received. In this article, I argue that the march should be characterized as an act of civil disobedience. This claim may seem to contradict common convictions regarding acts of civil disobedience as well as asylum seekers. The most (...) common justifications are given with reference to moral rights of citizens and concerns for enhancing justice or democracy within states. Asylum seekers are not members of the European public. How can they be entitled to break the law? I first show that the march displays features of a paradigm case of civil disobedience. Then, I identify moral reasons for asylum seekers to carry out the march acceptable from both strong and weak cosmopolitan perspectives. After that, I point out its corrective, stabilizing and democracy-enhancing roles in the European political landscape. I conclude by emphasizing that conceptualizing the march as an act of civil disobedience is significant in recognizing asylum seekers as political agents making claims within an evolving framework of refugee protection. (shrink)

Piero Moraro argues that people who engage in civil disobedience do not have a pro tanto reason to accept punishment for breaking the law, although they do have a duty to undergo prosecution. This is because they have a duty to answer for their actions, and the state serves as an agent of the people by calling the lawbreaker to answer via prosecution. I argue that Moraro does not go far enough. Someone who engages in civil (...) disobedience does not even have to show up for the trial, provided that they answer for their actions adequately via some other means. This is because sometimes states are not agents of the people who can call lawbreakers to account, and even those states which are agents cannot demand that lawbreakers answer for their crimes in the form of a trial. (shrink)

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by (...) way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail on their merits, in other cases the responses offered here reveal that the dispute over the ground and content of a moral right to civil disobedience reflects deeper disagreements regarding two foundational issues: first, whether moral rights are best conceived of as defeasible evaluative principles or conclusive normative ones, and second, whether principles of justice should be theorized on the basis of full or partial compliance. (shrink)

Do citizens of liberal democratic states have a moral right to engage in civil disobedience? Famously, Joseph Raz argued that they do not. In this article, I defend his argument against some recent challenges, but show how it is tied to a particular model of civil disobedience. On this model, the purpose of civil disobedience is to protest and prevent particularly egregious violations of justice. A moral right to civil disobedience can be (...) grounded on a different model, where the function of civil disobedience is to identify and counterbalance democratic deficits. Against the widespread tendency amongst theorists of civil disobedience to want to defend civil disobedience as the exercise of a moral right, however, I do not then argue for the adoption of the democratic model. Whilst I acknowledge the reasons behind wanting a rights-based defence, and concede that different kinds of civil disobedience might have to be defended on different grounds, I sound a note of caution. The meta-theoretical relation between moral grounds and political function uncovered in this article works both ways. It should make theorists more mindful of the self-understanding to which a rights-based moral defence of civil disobedience commits protesters. (shrink)

In this paper I outline a critical justification of the practice of political whistleblowing as exemplified by the case of Edward Snowden. At first, I argue that the question of justifiability cannot be settled with regard to absolutely binding principles such as special loyalties or the categorical duty to inform fellow citizens. What is required instead is the careful weighing of all relevant consequential and deontic reasons. However, this weighing process has to be publically justified. I will therefore turn to (...) the theory of civil disobedience which provides us with two roots of public justification: widely accepted constitutional values and the primacy of public deliberation. In this view, political whistleblowing is to be seen as a special case of civil disobedience and can be justified along the lines of both liberal and republican approaches. However, in the end of the paper I will indicate that we have to transcend the state-based model of civil disobedience. Snowden’s acts of whistleblowing have a further cosmopolitan intention and need to be justified in terms of avant-garde principles of global justice. (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)

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)

While global justice theorists heatedly discuss the responsibilities of the affluent and powerful, those states which can legitimately be seen as victims of global injustice have seldom, if ever, been considered as duty bearers to whom responsibilities can be attached. However, recognising agents whose options are constrained not only as victims, but also as duty bearers is necessary as a proof of respect for their agency and indispensable to mobilise the type of action required to alter global injustices. In this (...) article, I explore what responsibilities state officials of dominated states have. I argue that they have the responsibility to resist domination in the name of the dominated states members. While under particular circumstances this responsibility gives rise to a duty to engage in acts of state civil disobedience, under other circumstances state officials of dominated states ought to resist domination in an internal, attitudinal way by recognising themselves as outcome responsible agents. (shrink)

While global justice theorists heatedly discuss the responsibilities of the affluent and powerful, those states which can legitimately be seen as victims of global injustice have seldom, if ever, been considered as duty bearers to whom responsibilities can be attached. However, recognising agents whose options are constrained not only as victims, but also as duty bearers is necessary as a proof of respect for their agency and indispensable to mobilise the type of action required to alter global injustices. In this (...) article, I explore what responsibilities state officials of dominated states have. I argue that they have the responsibility to resist domination in the name of the dominated states members. While under particular circumstances this responsibility gives rise to a duty to engage in acts of state civil disobedience, under other circumstances state officials of dominated states ought to resist domination in an internal, attitudinal way by recognising themselves as outcome responsible agents. (shrink)

Increasingly, protests occur across borders and are carried out by non-nationals. Many of these protests include elements that break the laws of their host country and are aimed at issues of global concern. Despite the increasing frequency of transnational protest, little ethical consideration has been given to it. This article provides a cosmopolitan justification for transnational disobedience on behalf of self and others. The article argues that individuals may be justified in illegally protesting in other states, and that in (...) some circumstances they may do so even when laws have been legitimately constituted by the domestic constituencies of those states. Using a cosmopolitan reading of the notion of civility and of the civil realm, the article argues that transnational protests are capable of conforming to the normative and conceptual standards necessary for them to be labelled civil disobedience. As a result, they ought to carry a privileged moral status compared with other forms of protest. The article applies the All Affected Principle to argue that a democratic deficit can provide transnational protesters and resident migrants with a right to civil disobedience even where that right is not held by members of the demos they protest within. (shrink)

Hannah Arendt valued the unprecedented, the unexpected, and the new, yet in essays crafted at the end of the rebellious 1960s, struggled to square this valuation with a palpable desire for law and order. She lamented that criminality had overtaken American life, accused the police of not arresting enough criminals, and charged ‘the Negro community’ with standing behind what she named black violence. At once, she praised ‘the white rebels’ of the student movement in the United States for their courageous (...) acts of disobedience. This essay explores how differential Arendt’s treatment of lawbreaking action was in an effort to understand how ‘certain sections of the population’ in the United States could appear to stand for criminality rather than civil disobedience to her mind. It examines how Arendt’s reflections on the ostensibly non-racial subjects of civil disobedience and lawbreaking were underwritten by racial, when not racist, ways of thinking. The essay also raises a larger question: to the extent that the concept of civil disobedience involves limits, how are those limits drawn to the exclusion of certain kinds of actors and their particular claims in the public realm? Pondering this question through Arendt, it concludes that in her theorization of civil disobedience, Arendt was profoundly limited by the fabulous tale that the United States is an exceptional land of freedom and democracy in the world. (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)

Philologus, founded in 1846, is one of the oldest and most respected periodicals in the field of Classics. It publishes articles on Greek and Latin literature, historiography, philosophy, history of religion, linguistics, reception, and the history of scholarship. The journal aims to contribute to our understanding of Greco-Roman culture and its lasting influence on European civilization. The journal Philologus, conceived as a forum for discussion among different methodological approaches to the study of ancient texts and their reception, publishes original scholarly (...) contributions with a strong international focus. Publications languages are: German, English, Italian, French. As of 2014 the publication of supplementary volumes will be resumed. The series Philologus. Supplemente / Philologus. Supplementary Volumes will publish monographs and edited volumes pertaining to all aspects of the study of ancient literature and its reception, with a special focus on topics concerning literary theory, philosophy and the history of scholarship from an interdisciplinary perspective. (shrink)

La crisis económica de Argentina en años recientes derivó en la pérdida de legitimidad de las instituciones polí­ticas del paí­s. La medida de suspensión de las libertades y garantí­as de derechos individuales provocó una desobediencia civil generalizada que llevó a miles de personas a manifestar pací­ficamente su repudio al gobierno de Fernando de la Rúa. Este gesto ciudadano espontáneo, desorganizado y voluntario sirvió, entre otras cosas, para formar una autodeterminación primaria directa de la voluntad popular y una autocomprensión del (...) carácter democrático de la sociedad civil. La justificación de la desobediencia se basaba en una cuestión de derechos. Todos los manifestantes afirmaban que tení­an derecho a desobedecer porque la desobediencia, en ciertas circunstancias, era un derecho humano. ¿Pero puede ser la desobediencia civil, en un Estado de derecho, un auténtico derecho? ¿En qué circunstancias, en el contexto legal y fuera de los derechos habituales de resistencia como huelga, manifestación, etcétera, se puede desobedecer una norma legal?"œCivil disobedience in Argentina"The recent economic crisis in Argentina led to the loss of identity of the country"™s political institutions. The measure of the suspension of freedom and of the guarantee of individual rights provoked a generalized civil disobedience which led thousands of people to peacefully demonstrate their repudiation of Fernando de la Rua"™s government. This spontaneous, unorganized and voluntary action by the citizens served, among other things, to form a direct primary self-determination of the will of the people and a self-understanding of the democratic character of civil society. The justification of the disobedience was based on a question of rights. All the demonstrators asserted that they had the right to disobey because disobedience, in certain circumstances, was a human right. However, can civil disobedience, in a constitutional state, be an authentic right? In what circumstances, in the legal context and outside the normal rights of resistance such as strike action, demonstations etc., can a legal norm be disobeyed? (shrink)

In this article, I defend the justifiability of both concealed uses of executive prerogative as consistent with the end of self-preservation for which government is constituted by the people and its disobedient disclosure as consistent with the rational interest of the citizens of the constitutional state in non-subordination. Indeed, I argue both prerogative and disclosure are justifiable, despite the latter clearly operating at cross-purposes with the former. I also contend that disobedient disclosure aligns more closely with the justificatory conditions (...) of executive prerogative than more traditions forms of civil disobedience. My discussion is limited to the question of justification, highlighting the normative stakes of delegitimizing either mode of extra-legal discretionary judgment by executive or disclosers respectively. (shrink)

This fresh outlook on Socrates' political philosophy in Plato's early dialogues argues that it is both more subtle and less authoritarian than has been supposed. Focusing on the Crito, Richard Kraut shows that Plato explains Socrates' refusal to escape from jail and his acceptance of the death penalty as arising not from a philosophy that requires blind obedience to every legal command but from a highly balanced compromise between the state and the citizen. In addition, Professor Kraut contends that (...) our contemporary notions of civil disobedience and generalization arguments are not present in this dialogue. (shrink)

The Internet is used for every conceivable form of communication and it is therefore only natural that it should be used as an infrastructure even for protest and civil disobedience. The technology however brings with it the ability to carry out new forms of protest, in new environments and also involve changed consequences for those involved. This article looks at four criminal activities, which are used as active forms of Internet based protest in use today and analysis these (...) forms in relation to the traditional civil disobedience discourse. The analysis is done by studying four basic criteria (disobedience, civil, non‐violence and justification) found in tradition civil disobedience discourse and observing their applicability in online environments. The purpose of this article is to better understand the political protest activities carried out online and to see whether traditional civil disobedience theory embraces these new forms of political activism. (shrink)

This fresh outlook on Socrates' political philosophy in Plato's early dialogues argues that it is both more subtle and less authoritarian than has been supposed. Focusing on the Crito, Richard Kraut shows that Plato explains Socrates' refusal to escape from jail and his acceptance of the death penalty as arising not from a philosophy that requires blind obedience to every legal command but from a highly balanced compromise between the state and the citizen. In addition, Professor Kraut contends that (...) our contemporary notions of civil disobedience and generalization arguments are not present in this dialogue. (shrink)

For a half-century or more, political theory has been characterized by a pronounced distrust of metaphysical or ontological speculation. Such a disposition has been sharply at odds with influential currents in post-war philosophy - both analytic and continental - where metaphysical issues have become a central preoccupation. The Idea of the State seeks to reaffirm the importance of systematic philosophical inquiry into the foundations of political life, and to show how such an approach can cast a new and highly (...) instructive light on a variety of controversial, seemingly intractable problems of tolerance, civil disobedience, democracy and consent. The author considers the problem of the state in light of recent developments in philosophy and social thought, and seeks to provide an account of what the state really is. In doing so he pursues a range of fundamental issues pertaining to the office, the authority and the internal organization of political society. (shrink)

Liberal states ought to accommodate conscientious tax resistance for the same reasons they should accommodate conscientious objection to fighting in war. Conscientious objection to fighting is nothing special.

In this article, we will discuss Civil Disobedience as a tool for non-violent protests. We will analyze the ideas from Thoreau to Kant, including the thoughts of Gandhi and Dworkin, verifying the effectiveness, or lack thereof, of their arguments in the political world. With regard to Dworkin and Gandhi, both inspired by Thoreau's thought, civil disobedience to norms provided a change in the political scenario, capable of effecting a mediation of conflicts through non-violence. Kant's perspective, in (...) turn, presents the hypothesis of peaceful resistance when the norms do not correspond to the proposed expectations, the general rule being the idea of respect and obedience to the law. Finally, to conclude this article, we will highlight the writings of Thoreau, Gandhi, Dworkin, and Kant, to postulate that civil disobedience must be linked to the criteria of non-violence, peace, justice, and legitimacy. (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...

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard (...) liberal model, while providing a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

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)

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, (...) class='Hi'>civil disobedience. (shrink)