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)

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)

This paper is a critical discussion of Robert T. Hall's recent attempt to construct a "minimal" definition of 'civil disobedience.' It is shown that the analysis, if applied consistently, results in a definition which is too minimal in including far too much under the rubric of 'civil disobedience.’ Furthermore, it is argued that Hall himself is not consistent in his treatment, the result being a definition which is too restrictive insofar as it excludes certain clear cases (...) of civilly disobedient action. It is shown that the inadequacies in Hall's minimal definition stem from an underlying confusion in his understanding of civil disobedience, the nature of which is indicated by examining his treatment of one of the features commonly held to be essential to acts of civil disobedience, namely, the publicity attending their performance. Finally, my argument is intended to demonstrate that any proposed definition of 'civil disobedience' which does not include reference to a publicity condition is bound to fail to do the job required of it. (shrink)

Love is a key concept in the theory and history of civil disobedience yet it has been purposefully neglected in recent debates in political theory. Through an examination of Martin Luther King, Jr.’s paradoxical notion of “aggressive love,” I offer a critical interpretation of love as a key concept in a vernacular black political theology, and the consequences of love’s displacement by law in liberal theories of civil disobedience. The first section locates the origins of (...) aggressive love in an earlier generation of black theologians who looked to India’s anticolonial struggle to reimagine the dignity of the oppressed as “creative survival.” The second contextualizes King’s early sermons on moral injury and self-respect within this tradition to reinterpret Stride toward Freedom’s account of the dignity-enhancing effects of nonviolent resistance as the triumph of love over fear. The third considers the implications of these arguments for conceptualizing the moral psychology of the white citizen and its consequences for contemporary debates over the ideological uses of Civil Rights history. The call to respond to oppression with aggressive love illustrates the paradoxical character of civil disobedience obscured by legal accounts as well as by criticisms of the very idea of “civil” disobedience. This is the paradox of affirming civility while enacting disobedience in order to bind political confrontation with political pedagogy. (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)

Piero Moraro offers an illuminating and insightful survey of the philosophical literature on civil disobedience, illustrating how the conversation has evolved since the debates triggered by the social movements of the 1960s. The principal value of the book is that it showcases the multifaceted complexion of the emerging philosophical terrain, thus correcting the erroneous but still common perception that civil disobedience is a mere adjunct to interminable debates about the duty to obey. The book also offers (...) original contributions to the field that draw on Moraro’s commitment to virtue ethics, though these contributions are perhaps not set out in as much depth and detail as they might have been. (shrink)

It might appear that apologists for legal systems should have a more difficult time justifying particular acts of civil disobedience than do anarchist critics of legal systems. But while this might be so for law breaking simpliciter, I argue that it is not so for civilly disobedient law breaking. The logic of morally justifying civil disobedience is remarkably similar for both legal apologists and anarchists, and diverges only on the question of accepting punishment for one's acts. (...) But even here what it is obligatory upon either to do is remarkably similar. Where differences in how civil disobedience is justified begin to arise is on the question of accepting punishment for breaking the law. For readily discernible reasons this is a strict obligation for legal apologists; for anarchists, however, it is but a contingent obligation. Nonetheless, in practice anarchists who engage in civil disobedience will find themselves under an obligation to suffer punishment. Essentially this is because doing so is necessary in order that the act of civil disobedience be an effective one, and like everyone else, anarchists have an obligation to try to be effective in the actions they undertake to remedy injustice. The paper concludes with offering two reasons why even anarchists ought to risk submitting to punishment by illegitimate authority by engaging in civil disobedience. (shrink)

There are a number of passages in Kant’s political writings in which he appears to deny to citizens any right whatever to resist political authority. Thus, in the essay, “Concerning the Common Saying: This May be True in Theory But Does Not Hold in Practice,” Kant argues that even when such authority is exercised in a way which violates what Kant himself takes to be the fundamental principles of justice, any act of resistance to it is a punishable act.

ABSTRACTArendt’s work on civil disobedience sets out an optimistic portrayal of the possibilities of such forms of action in re-energising the spirit of American politics in the late twentieth century. Civil disobedience should not simply be tolerated, she argued, but incorporated into the legal structure of the American political system. Her work is usually seen to promote an idea of civil disobedience that is thus bound to existing constitutional principles and essentially nonviolent. However, by (...) looking at Arendt’s discussion and critique of various practices of civil disobedience in 1960s and 1970s America, specifically in relation to the nonviolence movement influenced by Martin Luther King, and on the other side, the more militant Black Power movement, a different idea of civil disobedience emerges. This paper argues that whilst, for Arendt, civil disobedience within America certainly possesses the constitutionally restorative potential she assigns to it, in a broader sense – theoretically, globally, and even in terms of alternative ideologies within America – her conception of civil disobedience is in itself neither necessarily constitutional, nor nonviolent. It is, instead, a form of revolutionary action, whose limits are set only by politics itself, and specifically, Arendt’s criterion of publicity. (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)

Since its publication in 1849, Henry David Thoreau’s _Civil Disobedience _has influenced protestors, activists and political thinkers all over the world. Including the full text of Thoreau’s essay, _The Routledge Guidebook to Thoreau’s Civil Disobedience _explores the context of his writing, analyses different interpretations of the text and considers how posthumous edits to _Civil Disobedience_ have altered its intended meaning. It introduces the reader to: the context of Thoreau’s work and the background to his writing the significance (...) of the references and allusions the contemporary reception of Thoreau’s essay the ongoing relevance of the work and a discussion of different perspectives on the work. Providing a detailed analysis which closely examines Thoreau’s original work, this is an essential introduction for students of politics, philosophy and history, and all those seeking a full appreciation of this classic work. (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)

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)

This article sketches a case for the importance of allowing and protecting civil disobedience in a democratic society. There are weighty reasons for non-enforcement of certain laws under certain circumstances, which undermines the legalistic claim that justice requires police to faithfully (try to) enforce all laws at all times. Furthermore, questions about how the police should respond to disobedient demonstrations are not settled by popular theoretical treatments of civil disobedience. Police responses to disobedient demonstrations should be (...) guided by a principle of proportionality. This proportionality requirement is more stringent in cases of self-generated needs for self-defense. Common police tactics like “skirmish lines” predictably escalate interactions and create a need for further defensive force, thereby violating the proportionality requirement. (shrink)

THE CASE OF SOCRATES, like that of Antigone, holds a high place in the history of the discussion of civil disobedience. Yet the position which Socrates took on this question is seemingly unclear, even with respect to its broadest outlines. This is exhibited by a surprising and considerable divergence of opinion, bearing on what Socrates did and said, in some of the recent writings on civil disobedience.

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 article proposes a retheorisation of Rawlsian civil disobedience through examining the burdens we expect people to bear when they practice civil disobedience, focussing specifically on marginalised groups. First, I consider public concerns over civil disobedience, to elicit the idea of an ‘authentic civil disobedience’. I then assess the claim that civil disobedience occurs within a ‘nearly just’ society in order to recognise the more complex position of marginalised civil (...) disobedients. This allows me to frame any criteria we theorise for civil disobedience as a wicked problem. Next, I examine one particular criterion dominant within the literature: that to be interpreted as civil disobedience, disobedients must show a willingness to suffer the legal consequences – and so, must not act anonymously. I claim that this asks too much of civil disobedients in a marginalised context and conclude civil disobedience theory needs retheorising to consider when and why anonymity is acceptable. (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)

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...

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)

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)

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)

In this paper, I discuss three objections against climate activism often voiced in the public, namely that their practices of civil disobedience are ultimately insincere, illegal, and ineffective. The main part of my paper focuses on this last point. This is because this objection points us to a deeper conceptual problem of political protest: if one of the conditions for the success of civil disobedience is that political demands must have been first voiced via democratic channels (...) of opinion-formation, then why should we assume that a re-articulation of these demands in the course of civil disobedience leads to a different result? To answer this question, I propose a phenomenological approach to civil disobedience. Drawing on the protest practices of activist group Act Up, I argue that climate activism can escape the charge of ineffectiveness if it resorts to what I call the “aesthetic rationality of phenomenological demonstration.”. (shrink)

David Lyons challenges us to confront grave injustices committed in the United States, from the colonists' encroachments on Indian lands to slavery and the legacy of racism. He calls upon legal and political theorists to take these social wrongs seriously in their approaches to moral obligation under law and the justification of civil disobedience.

Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper (...) I argue that Rawls cannot explain how civil disobedience may be effective as a public appeal for social justice because he does not fully understand what it means for civil disobedience to be public in relation to the public sphere. His analysis would require an additional notion of publicity which, as I argue, is the notion of hermeneutical publicity. From a Bourdieusian perspective I then make a case for the claim that public spheres always suffer from hermeneutic invisibility. This may explain why non-violent appeals for social justice fail as dialogical practices. Finally I suggest how we nevertheless could understand that civil disobedience can be effective as a dialogical practice. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz (...) and Singer. Hugo Adam Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz (...) and Singer. Hugo Adam Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz (...) and Singer. Hugo Adam Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an (...) instance of animal rescue will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

This chapter contains sections titled: Definitions Justification and the Duty to Obey.

This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a (...) desire for lasting change. The article shows that, according to Rawls’ unduly narrow conception, Edward Snowden is not a civil disobedient. But, according to the more plausible, broader conception, he is. It then identifies some advantages of the broader conception in contemporary analyses of new forms of disobedience, including globalized disobedience and digital disobedience. (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)

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)

Civil disobedience raises difficult problems for most of us because we are neither absolute legalists nor absolute individualistic moralists. As it is usually denned, civil disobedience consists in violating some law on the ground that it or some other law or social policy is morally wrong, and the manner of this violation is public, nonviolent, and accepting of the legally prescribed penalty for disobedience. According to the absolute legalist, civil disobedience is never justified, (...) because he holds that every law, no matter how bad or wrong it may be, ought to be obeyed. According to the absolute individualistic moralist, on the other hand, civil disobedience is always justified, because such a moralist gives absolute priority to the demands of the individual's conscience, so that when anyone's conscience tells him some law or policy is morally wrong, that ought to settle the issue of obedience for the person in question. (shrink)

In this article, I assess Jürgen Habermas’s defence of civil disobedience as ’the guardian of legitimacy’ in democratic societies. I suggest that, despite its appeal, the defence as it stands is incomplete. The problem relates to his account of the justification of this mode of protest. Although Habermas wants to defend civil disobedience as a response to inadequacies in deliberative democratic procedures, he does not provide us with a clear and compelling account of these inadequacies. In (...) order to provide such an account, I examine the various ways in which the illegitimate circulation of social power can distort democratic processes. Civil disobedience can be seen as a legitimate response to inequalities in social power, a defence that builds on the strengths of Habermas’s approach while transcending its limitations. [PUBLICATION ABSTRACT]. (shrink)

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to (...) treat incompetent patients. Keywords: illegal actions, mercy killing, non-treatment of incompetent patients, civil disobedience, conscientious objection, evasive non-compliance, moral justification and disobedience, dissent in health care CiteULike Connotea Del.icio.us What's this? (shrink)

Is hactivism the new civil disobedience? I argue that most recent hacktivism isn't, and shouldn't be shoehorned into the category of civil disobedience. I sketch instead a broad matrix of electronic resistance, attentive to the many shapes and goals of hacktivism and I locate five clusters on it, briefly sketching possible dimensions of normative assessment for each: vigilantism, whistleblowing, guerrilla communication, electronic humanitarianism, and electronic civil disobedience.