Civil Disobedience

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

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

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)

Most accounts of the influences on Gandhi's philosophy and tactics of nonviolent action do not give enough credit to the role that women in the British suffrage movement played in inspiring and guiding him. The article explains how, despite his specifically mentioning on occasion that he is NOT copying their tactics, he actually does repeat many of them in his 1913 satyagraha campaign in South Africa. And on many occasions he does credit them with inspiring him and his movement. In (...) the early years (1906-1912) Gandhi repeatedly suggested to men in his movement that they copy the brave determination of the British suffragettes, but he did not counsel Indian women to follow their example. Women in his own movement longed to court arrest since 1908, but were only allowed by Gandhi to participate in 1913. It's important to recognize the many ways in which women's leadership were crucial to the success of campaigns that Gandhi is given credit for, including the women's speech making, raising funds, suggesting tactics, as well as their bravery and willingness to endure suffering and even death in prison. (shrink)

In this paper, I examine the ethics of nonviolent protest when a violent response is either foreseen or intended. One central concern is whether protesters, who foresee a violent response but persist, are provoking the violence and whether they are culpable for any eventual harms. A second concern is whether it is permissible to publicize the violent response for political advantage. I begin by distinguishing between two senses of the term provoke: a normative sense where a provocateur knowingly imposes an (...) unjustified risk of a violent response, and a descriptive sense where the respondent feels provoked. I argue that, when the risk of a violent response is justified, the protesters are not provocateurs but akin to nonculpable, entrapping agents who create an opportunity for the regime to respond with disproportionate violence. The regime’s response can disclose its brutality or criminality and this can be fairly publicized for political advantage. When nonviolent protesters create an unjustified risk of violence either because the injustice they oppose is insufficient to justify the risk of a violent response or because the risked harms are disproportionate with the likely political advantages derived from the protest, they are partially culpable provocateurs. However, I argue these partially culpable provocateurs can still permissibly publicize the disproportionate violence of the regime so as to shape public opinion. (shrink)

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first argues that the school strike for climate can be viewed as civil disobedience. Then, the article distinguishes between various forms of youth disobedience. Building on the democratic rationale for civil disobedience, the remainder of the article argues that there is a special justification for youth disobedience. To show this, it argues that children are (...) wrongfully excluded from political participation and that principled law-breaking can be an important remedy to this exclusion. The upshot is that adults should engage seriously and leniently with youth disobedience. (shrink)

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)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

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

Vigilantism, commonly glossed as “taking the law into one’s own hands,” has been analyzed differently in studies of comparative politics, ethnography, history, and legal theory, but has attracted little attention from philosophers. What can “taking the law into one’s hands” amount to? How does vigilantism relate to mobs, protests, and self-defense? I distinguish between several categories of vigilantism, identify the questions they are most useful for addressing, and offer an analysis on which vigilantism is a kind of political initiative done (...) for the sake of enacting an immediate realignment of power in a polity in accordance with a political vision. In addition to defining a special kind of political initiative, my analysis helps us understand a range of rhetorical powers related to vigilantism, including some of the ways that attributions of vigilantism can mask instances of self-defense, and attributions of self-defense can mask instances of vigilantism. (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)

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)

The article discusses the resort to whistleblowing as a form of resistance to institutional wrongdoing that comes from within an institution. The resort to whistleblowing can take either an individual or an institutional form. As an individual act of resistance, whistleblowing has often been presented as a last resort against institutional wrongdoing whose justification draws on normative arguments for civil disobedience. The institutional form we present in this article shows a nontrivial sense in which a “normalized resort” to whistleblowing can (...) be morally justified as an ordinary practice to resist institutional wrongdoing. Whistleblowing is thus a component of an institutional ethics of office that calls on officeholders’ responsibility to engage in practices of self-scrutiny and self-correction of institutional dysfunctions. The integration of the justification of the resort to whistleblowing within this framework emphasizes the importance of entrusting the oversight of institutional action primarily to institutional members. (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)

Secular bioethicists do not speak from a place of distinction, but from within particular culturally, socially, and historically conditioned standpoints. As partisans of moral and ideological agendas, they bring their own biases, prejudices, and worldviews to their roles as ethical consultants, social advocates, and academics, attempting rhetorically to sway others and shift policy to a preferred point of view. Their pronouncements represent just one voice among others, even when delivered with strident rhetoric, in an educated and knowing tone, from within (...) institutional positions of power. This essay argues that, given the hegemony of progressive secular bioethics, traditional Christians routinely face epistemic injustice within medicine. That is, Christian knowledge regarding moral reality is all too often demeaned or dismissed, unless such norms can be translated into and defended within a secular ethos. Given such systemic bias, I argue, Christians also experience significant moral distress: they are fully aware of their moral obligations and what they ought to do, but institutionalized power structures make it nearly impossible to so act. But, Christian physicians are not mere technicians, obliged to provide whatever patients request from the list of legally available treatments. That antireligious critics seek to remove the rights of Christian physicians to limit how they practice medicine, where they do not offer or refer for abortion, euthanasia, physician-assisted suicide, and other inappropriate forms of care, is unjustified and prejudicial, singling out Christians, and other religious groups, for singular treatment. Regardless of what the law requires or institutional policy demands, however, Christians are obliged to submit to God in all things. As a result, they may at times find themselves required to engage in acts of civil disobedience. (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)

This year is the centenary of the birth of philosopher John Rawls and the semi-centenary of his monumental A Theory of Justice. This essay explores the differences between political opposition and political resistance as reflected in his work. Rawls is remembered for the careful conditions he imposed in the Vietnam-War era upon justifiable civil disobedience in “nearly just” societies. It is less well known that he came to regard the United States as a fundamentally unjust society. The nation has shown (...) itself not merely unserious about political equality—the cornerstone of Rawls’s theory of justice as fairness—but hostile to it. The Supreme Court’s campaign finance jurisprudence sanctifies spending as speech and denies Congress the power to try to level the electoral playing field. In the Supreme Court’s Constitution, substantive political equality is of no value. The upshot is that civil disobedience, conceived as an appeal to a just constitution, is no longer possible in the United States. Political resistance may be permissible, however, within the bounds of right, “in such ways as promise some success.” This essay ekes out Rawls’s suggestive remarks about the justification of political resistance and attempts to extend them to current conditions. (shrink)

Henry David Thoreau’s defense of John Brown has been interpreted as an inconsistency in his political philosophy. Since Thoreau was best known for his commitment to civil disobedience, his critics argued that his support for Brown constitutes a break in Thoreau’s political thought. However, I argue that "A Plea for John Brown" should be seen as a radicalization of Thoreau’s transcendental politics rather than an inconsistency in his writings. To understand this decade-long process of radicalization requires an analysis of Thoreau’s (...) four main essays from "Resistance to Civil Government" in 1849 to "The Last Days of John Brown" in 1860. (shrink)

Rather than looking at protest in the ideal case, this book looks at how protest is actually practiced and argues that suitably constrained violent political protest is sometimes justified.

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

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

The proliferation of civil disobedience in recent times has prompted questions about violence and justified resistance. Non-violence has traditionally been associated with civil disobedience. If ci...

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)

The theory and practice of civil disobedience has once again taken on import, given recent events. Considering widespread dissatisfaction with normal political mechanisms, even in well-established liberal democracies, civil disobedience remains hugely important, as a growing number of individuals and groups pursue political action. 'Digital disobedients', Black Lives Matter protestors, Extinction Rebellion climate change activists, Hong Kong activists resisting the PRC's authoritarian clampdown…all have practiced civil disobedience. In this Companion, an interdisciplinary group of scholars reconsiders civil disobedience from many perspectives. (...) Whether or not civil disobedience works, and what is at stake when protestors describe their acts as civil disobedience, is systematically examined, as are the legacies and impact of Henry Thoreau, Mahatma Gandhi, and Martin Luther King. (shrink)

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

Civil disobedience is a form of protest consisting in an act contrary to law, whose aim is to bring about a change in laws or policies deemed unjust. In the traditional Western philosophical debate, civil disobedience was mainly discussed and justified within the boundaries of a democratic regime. John Rawls’ theory of civil disobedience is explicitly based on this liberal assumption. He conceptualises civil disobedience as a public, nonviolent, conscientious and political breach of the law, only appropriate to nearly just (...) societies, hence to democratic regimes. This article intends to question Rawls’ premise by considering civil disobedience from a different perspective: when it is undertaken outside of a nearly just framework, precisely in not fully democratic contexts, such as the so-called “anocracies”, regimes that mix democratic and autocratic traits. The emblematic case of Sudan’s most recent actions of civil disobedience is examined to argue that, contrary to the liberal conceptualisation, civil disobedience does have a role and appropriateness in frameworks of this kind, where the aim is not only to oppose unjust laws or policies, but also to achieve a broader structural change through rigorously nonviolent forms of political action. (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)

Philosophy & Social Criticism, Ahead of Print.

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

The events that followed the revolution of 25 January 2011 demonstrated the tenacity and resilience of gendered dissent and its centrality to collective action and civil disobedience, thus enriching the transnational feminist archive with the experiences and praxis of gendered revolutionary action. Paying particular attention to women’s activism during the uprisings in Egypt, this article focuses on the broader themes of gendered political resistance and the intersections of gender ideology, state policing, Islamism and militarism with protest and collective action. The (...) aim is to take count of the challenges and gains of gendered resistance and women’s political participation during times of political upheaval. (shrink)

“One who elects to serve mankind by taking the law into his own hands thereby demonstrates his conviction that his own ability to determine policy is superior to democratic decision making. [Defendants’] professed unselfish motivation, rather than a justification, actually identifies a form of arrogance which organized society cannot tolerate.” Those were the words of Justice Harris L. Hartz at the sentencing hearing of three nuns convicted of trespassing and vandalizing government property to demonstrate against U.S. foreign policy. Citizens engaging (...) in civil disobedience are indeed at times accused of being arrogant because they apparently think their own political judgment is superior to that of the democratic majority. This paper examines and evaluates the claim that dissenters are epistemically arrogant. Contrary to the dominant viewpoint in the literature, I argue that epistemic arrogance involves inflating the epistemic worth of one’s view. Indeed, the most plausible charge against civil dissenters consists of two claims: (A) civil dissenters have a higher degree of rational certainty in P than is warranted, and (B) civil dissenters use a method of expression that requires a higher level of rational certainty than is warranted in the propositions that their political view is right and the injustice they fight is substantial. I argue that civil disobedience does not necessarily involve epistemic arrogance. Whether an act of civil disobedience evinces epistemic arrogance has to be determined on a case-by-case basis depending on the extent to which each dissenter lives up to (A) and (B). (shrink)

Those arguing that conscientious objection in medicine should be declared unethical by professional societies face the following challenge: conscientious objection can function as an important reforming mechanism when it involves health care workers refusing to participate in certain medical interventions deemed standard of care and legally sanctioned but which undermine patients’ rights. In such cases, the argument goes, far from being unethical, conscientious objection may actually be a professional duty. I examine this sort of challenge and ultimately argue that these (...) acts of conscience done in the interest of reforming professional norms or medical regulations are best understood as episodes of civil disobedience rather than episodes of conscientious objection. In contrast to the private, exempting nature of conscientious objection, civil disobedience is a public breach of a norm or law undertaken with the aim of bringing about a change in governmental policies or professional standards. Consequently, clinicians may have a duty to engage in civil disobedience even while professional societies are right to declare limitations on the ethical appropriateness of conscientious objection. (shrink)

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

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)

Martin Luther King, Jr.’s “Letter from a Birmingham Jail” has been canonized as an essential statement of the political theory of civil disobedience. This article examines the early reception of King’s essay and the development of the liberal idea of civil disobedience it has become synonymous with to argue that its canonization coincided with, and displaced, the radicalization of King’s developing thinking about disobedience. It examines published and archival writings from 1965 through 1968 to reconstruct King’s power-oriented theory of “mass” (...) civil disobedience as it developed in response to the dual challenges of white backlash and Black Power. The basic challenge of mass civil disobedience is how to mobilize liberating acts of taking power without undercutting the possibility of transformative integration through sharing power. To articulate this dilemma, this article draws on an undertheorized category from John Rawls’s A Theory of Justice to conceptualize disobedience as a practice of militant love. (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)

I outline a new approach to the question of when civil disobedience is legitimate by drawing on insights from the epistocracy literature. I argue that civil disobedience and epistocracy are similar in the sense that they both involve the idea that superior political judgment defeats majority authority, because this can lead to correct, i.e. just, prudent or morally right, political decisions. By reflecting on the question of when superior political judgment defeats majority authority in the epistocracy case, I identify considerations (...) that also apply to the disobedience context. I conclude that disobedience in protest of law X performed by agents who know that X is wrong is legitimate when: 1) it is not reasonably disputable that the civil dissenter knows that X is wrong 2) the adoption of X is a high-stakes political decision and 3) no destabilizing effects ensue. (shrink)

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first...

According to the Samaritan principle, we have a duty to rescue others from perils when we can do so at no unreasonable cost to ourself or others. Candice Delmas has argued that this principle generates a duty to engage in civil disobedience, when laws and practices expose people to ‘persistent Samaritan perils’: by engaging in this form of protest, she claims, citizens can contribute to the rescue of the victims of serious injustice. In this article, I contend that her argument (...) confuses duties of rescue with duties of justice. Furthermore, I point out that two central features of civil disobedience, namely, communicativeness and conscientiousness, make it unsuitable as a strategy for ‘rescue operations’. On the one hand, communicative constraints make civil disobedience time-consuming, and dependent on others’ willingness to engage in the communicative exchange. On the other, conscientiousness often requires agents to accept costs well beyond the threshold warranted by the Samaritan principle. Treating civil disobedients akin to ‘good Samaritans’ trivialises the selflessness of their sacrifices. (shrink)

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

I argue that the arguments presented in Socrates’ dialogue with the personified Laws of the Crito are arguments Socrates endorses and relies upon when deciding to remain in prison. They do not, however, entail blind obedience to every court verdict, nor do they provide necessary and sufficient conditions for resolving every dilemma of civil disobedience. Indeed, lacking definitional knowledge of justice, we should not expect Socrates to be able to offer such conditions. Instead, the Laws present an argument that is (...) sufficient for resolving Socrates’ specific dilemma, showing us how Socrates can deliberate and act despite his lack of knowledge. (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)