Results for 'disobedience'

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  1. Preface to “Occupy: Three Inquiries in Disobedience” Preface to “Occupy: Three Inquiries in Disobedience”(Pp. 1-7).Political Disobedience Political Disobedience, I. I'M. So Angry, Sign I'M. So Angry & I. Made A. Sign - 2012 - Critical Inquiry 39 (1).
     
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  2. “Dreamers” and Others: Immigration Protests, Enforcement, and Civil Disobedience.Matthew J. Lister - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):15-17.
    In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country (...)
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  3.  96
    Is Hacktivism the New Civil Disobedience?Candice Delmas - 2018 - Raisons Politiques 69 (1):63-81.
    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.
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  4.  96
    Conscience and Conviction: The Case for Civil Disobedience.Kimberley Brownlee - 2012 - Oxford University Press UK.
    Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...)
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  5.  50
    When God Commands Disobedience: Political Liberalism and Unreasonable Religions.Matthew Clayton & David Stevens - 2014 - Res Publica 20 (1):65-84.
    Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political (...)
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  6. Uncivil Disobedience: Political Commitment and Violence.N. P. Adams - 2018 - Res Publica 24 (4):475-491.
    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 (...)
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  7. Aesthetic Disobedience.Jonathan A. Neufeld - 2015 - Journal of Aesthetics and Art Criticism 73 (2):115-125.
    This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the (...)
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  8.  53
    How Democratic is Civil Disobedience?Daniel Weinstock - 2016 - Criminal Law and Philosophy 10 (4):707-720.
    In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. (...)
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  9.  65
    Disobedience, Civil and Otherwise.Candice Delmas - 2017 - Criminal Law and Philosophy 11 (1):195-211.
    While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience (...)
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  10.  57
    Samaritanism and Civil Disobedience.Candice Delmas - 2014 - Res Publica 20 (3):295-313.
    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 (...)
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  11. Democracy, Deliberation and Disobedience.William Smith - 2004 - Res Publica 10 (4):353-377.
    This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing (...)
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  12. Features of a Paradigm Case of Civil Disobedience.Kimberley Brownlee - 2004 - Res Publica 10 (4):337-351.
    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, (...)
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  13.  38
    The Burdens of Conviction: Brownlee on Civil Disobedience.William Smith - 2016 - Criminal Law and Philosophy 10 (4):693-706.
    Kimberley Brownlee’s Conscience and Conviction offers a powerful defence of civil disobedience as a conscientious and communicative mode of protest. The overall argument of the book is important and compelling, but this critical commentary explores certain aspects of Brownlee’s view that warrant further consideration and clarification. Those aspects relate to her suggestion that civil disobedience is a dialogic mode of communication, her attempt to ground a moral right of civil disobedience in a principle of humanism, and her (...)
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  14.  21
    On (Not) Accepting the Punishment for Civil Disobedience.Piero Moraro - 2018 - Philosophical Quarterly 68 (272):503-520.
    Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this (...)
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  15.  48
    Civil Disobedience and Social Power: Reflections on Habermas.William Smith - 2008 - Contemporary Political Theory 7 (1):72-89.
    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 (...)
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  16. Noncivil Disobedience and the Right of Necessity. A Point of Convergence.Alejandra Mancilla - 2012 - Krisis 3:3-15.
    Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally legitimate according to (...)
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  17.  50
    Introduction: Law and Disobedience.Peter Jones - 2004 - Res Publica 10 (4):319-336.
    This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regimes laws? How should reasons for obedience figure in (...)
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  18.  56
    Philosophical Anarchism and Political Disobedience.Chaim Gans - 1992 - Cambridge University Press.
    This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance toward political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed (...)
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  19.  21
    On Leslie Macfarlane’s “Justifying Political Disobedience”.Graham Hubbs - 2015 - Ethics 125 (4):1148-1150.
    There is no consensus on the legitimacy of Chelsea Manning’s and Edward Snowden’s secret-revealing activities. Some see them as courageous acts of whistleblowing; to others they seem wanton acts of self-aggrandizement; still others find them traitorous acts of defiance. We can gain some clarity on these cases, I believe, if we consider them against the backdrop of Leslie Macfarlane’s “Justifying Political Disobedience.” After characterizing political disobedience, Macfarlane analyzes the possible justifiability of a politically disobedient act in terms of (...)
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  20.  14
    Technology and Civil Disobedience: Why Engineers Have a Special Duty to Obey the Law. [REVIEW]Dr Eugene Schlossberger - 1995 - Science and Engineering Ethics 1 (2):163-168.
    Engineers have a greater responsibility than many other professionals not to commit civil disobedience in performing their jobs as engineers. It does not follow that engineers have no responsibility for their company’s actions. Morally, engineer may be required to speak out within the company or even publicly against her company. An engineer may be required to work on a project or quit her job. None of these acts, generally, are against the law. An engineer may be morally required to (...)
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  21.  29
    Judicial Responses to Civil Disobedience: A Comparative Approach.Sophie Turenne - 2004 - Res Publica 10 (4):379-399.
    In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he (...)
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  22.  15
    A Duty to Resist: When Disobedience Should Be Uncivil.Candice Delmas - 2018 - New York, USA: Oxford University Press.
    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 (...)
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  23. Moral Judgment, Historical Reality, and Civil Disobedience.David Lyons - 1996 - Philosophy and Public Affairs 27 (1):31-49.
  24.  45
    Sprawiedliwe prawo – niesprawiedliwe wyroki. Uwagi na marginesie Arthura Kaufmanna koncepcji prawa do sprzeciwu wobec władzy [Just Laws and Unjust Judgments: Notes on Arthur Kaufmann’s Conception of a Right to Civil Disobedience].Marek Piechowiak - 2017 - In Grażyna Baranowska, Aleksandra Gliszczyńska-Grabias, Anna Hernandez-Połczyńska & Katarzyna Sękowska-Kozłowska (eds.), O prawach człowieka. Księga jubileuszowa Profesora Romana Wieruszewskiego. Warszawa: Wolters Kluwer. pp. 107-127.
    Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".
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  25.  16
    Ethical Disobedience.Litman Jessica - 2003 - Ethics and Information Technology 5 (4):217-223.
  26.  42
    Commentary on “Technology and Civil Disobedience: Why Engineers Have a Special Duty to Obey the Law”.Roger M. Boisjoly - 1995 - Science and Engineering Ethics 1 (2):169-171.
  27.  23
    The Ethics of Prophetic Disobedience: Qur'an 8:67 at the Crossroads of Islamic Sciences.Rumee Ahmed - 2011 - Journal of Religious Ethics 39 (3):440-457.
    Medieval Muslim scholars were challenged with squaring their conceptions of prophetic infallibility with reports that Muhammad disobeyed revelatory commands from God. The manner in which they rehabilitated the prophetic image in these cases had corresponding repercussions in the fields of jurisprudence, theology, and legal theory. The present article uses the case of Q. 8:67 to demonstrate the intertwined nature of the Islamic sciences and the stakes involved when delimiting the prophetic ability to err and/or disobey God.
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  28. Civil Disobedience and Political Obligation a Study in Christian Social Ethics.James F. Childress - 1971
     
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  29. Civil Disobedience: A Philosophical Study.R. D. Dixit - 1980 - Gdk Publications.
  30. The Morality of Civil Disobedience.Robert T. Hall - 1971 - Harper & Row.
  31.  24
    Civil Disobedience and Moral Law in Nineteenth-Century American Philosophy.Edward H. Madden - 1968 - Seattle, University of Washington Press.
  32. Civil Disobedience and the Christian.Daniel B. Stevick - 1969 - New York: Seabury Press.
     
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  33.  32
    Democratizing Civil Disobedience.Robin Celikates - 2016 - Philosophy and Social Criticism 42 (10):982-994.
    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, (...)
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  34.  1
    Introduction: Resistance, Disobedience or Constituent Power? Emerging Narratives of Transnational Protest.Peter Niesen - forthcoming - Journal of International Political Theory:175508821880806.
    Transnational social movements, campaigns and individual activists have described their activities in the traditional vocabularies of political dissent: as protest, opposition, contestation, dissidence or rebellion. Where strategies have involved illegal, well-publicised activities, the vocabularies of resistance and of civil disobedience have become an activist lingua franca. What all such descriptions have in common is that they paint a largely defensive picture of activist aims and self-understandings. In contrast, the emergence of the ‘global constitutionalist’ paradigm in international law and politics (...)
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  35. Constituent Power Beyond Exceptionalism: Irregular Migration, Disobedience, and Constitution.Robin Celikates - forthcoming - Journal of International Political Theory.
    This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in (...)
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  36. Reframing Civil Disobedience: Constituent Power as a Language of Transnational Protest.Peter Niesen - forthcoming - Journal of International Political Theory.
    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 (...)
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  37. Whistleblowing as Civil Disobedience The Case of Edward Snowden.William E. Scheuerman - 2014 - Philosophy and Social Criticism 40 (7):609-628.
    The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other (forgotten) grass-roots activists, (...)
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  38. Hegel on Justified Disobedience.Mark Tunick - 1998 - Political Theory 26 (4):514-535.
    Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, (...)
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    The Civil Disobedience of Edward Snowden A Reply to William Scheuerman.Kimberley Brownlee - 2016 - Philosophy and Social Criticism 42 (10):965-970.
    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 (...)
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  40.  10
    Fidelity to Truth: Gandhi and the Genealogy of Civil Disobedience.Alexander Livingston - 2018 - Political Theory 46 (4):511-536.
    Mohandas Gandhi is civil disobedience’s most original theorist and most influential mythmaker. As a newspaper editor in South Africa, he chronicled his experiments with satyagraha by drawing parallels to ennobling historical precedents. Most enduring of these were Socrates and Henry David Thoreau. The genealogy Gandhi invented in these years has become a cornerstone of contemporary liberal narratives of civil disobedience as a continuous tradition of conscientious appeal ranging from Socrates to King to Rawls. One consequence of this contemporary (...)
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  41.  40
    Civil Disobedience.Candice Delmas - 2016 - Philosophy Compass 11 (11):681-691.
    Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, civil disobedience.
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  42.  17
    In Defense of Penalizing Civil Disobedience.David Lefkowitz - 2018 - Res Publica 24 (3):273-289.
    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 (...)
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  43. Civil Disobedience: A Case Study in Factors of Effectiveness.Courtney Dillard - 2002 - Society and Animals 10 (1):47-62.
    Between 1989 and 1998, The Fund for Animals organized protests and acts of civil disobedience against the largest pigeon shoot in this country. During this long campaign, The Fund used a variety of approaches to argue for its position. This article focuses on two distinct enactments of civil disobedience at the Hegins shoot. Through an historical comparative analysis, the article describes the acts of civil disobedience and the context within which they took place for both 1992 and (...)
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  44.  37
    Civil Disobedience and Conscientious Objection.Maeve Cooke & Danielle Petherbridge - 2016 - Philosophy and Social Criticism 42 (10):953-957.
    The question of civil disobedience has preoccupied philosophical discourse at least since Thoreau's articulation of disobedience as a form of non-compliance and Rawls' classic definition outlined in the wake of the civil rights and student protest movements of the 1960s. It has become increasingly clear, however, that these classic definitions are being challenged and rethought from a variety of traditions in the wake of contemporary protests. These articles engage with the most recent debates surrounding civil disobedience and (...)
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  45.  25
    Within the Limits of Deliberative Reason Alone Habermas, Civil Disobedience and Constitutional Democracy.Lasse Thomassen - 2007 - European Journal of Political Theory 6 (2):200-218.
    In this article, I take Habermas's treatment of civil disobedience as a litmus test of the way in which Habermas relates to the imperfectness of democracy. The case of civil disobedience, which Habermas deems to be a normal part of a mature constitutional democracy, shows that Habermas is ultimately unable to submit all decisions and distinctions to the public use of reason as envisaged in his deliberative account of democracy. As a consequence, I argue that we must take (...)
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  46.  4
    Constituent Power and Civil Disobedience: Beyond the Nation-State?William E. Scheuerman - forthcoming - Journal of International Political Theory.
    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 (...)
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  47.  87
    Civil Disobedience and Whistleblowing: A Comparative Appraisal of Two Forms of Dissent. [REVIEW]Frederick A. Elliston - 1982 - Journal of Business Ethics 1 (1):23 - 28.
    This paper compares and evaluates two forms of dissent: civil disobedience — protests by citizens against the laws or actions of their government; and whistleblowing — disclosure by employees of illegal, immoral or questionable practices by their employees. Each is identified, the conceptual issues are distinguished from strategic and normative ones and parallel moral questions posed. Should one first dissent within prescribed channels before going outside them? Should one act publicly or is withholding one's identity permissible or desirable? What (...)
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  48.  88
    Is Ecosabotage Civil Disobedience?Jennifer Welchman - 2001 - Philosophy and Geography 4 (1):97 – 107.
    According to current definitions of civil disobedience, drawn from the work of John Rawls and Carl Cohen, eco-saboteurs are not civil disobedients because their disobedience is not a form of address and/or does not appeal to the public's sense of justice or human welfare. But this definition also excludes disobedience by a wide range of groups, from labor activists to hunt saboteurs, either because they are obstructionist or because they address moral concerns other than justice or the (...)
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  49.  7
    On a Belief-Relative Moral Right to Civil Disobedience.Tine Hindkjaer Madsen - forthcoming - Res Publica:1-17.
    Acts of civil disobedience are undertaken in defense of a variety of causes ranging from banning GMO crops and prohibiting abortion to fighting inequality and saving the environment. Recently, Brownlee has argued that the merit of a cause is not relevant to the establishment of a moral right to civil disobedience. Instead, it is the fact that a dissenter believes his cause for protest to be morally right that is salient. We may term her and similar such theories (...)
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  50.  49
    Civil Disobedience, Conscientious Objection, and Evasive Noncompliance: A Framework for the Analysis and Assessment of Illegal Actions in Health Care.James F. Childress - 1985 - Journal of Medicine and Philosophy 10 (1):63-84.
    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 (...)
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