Civil Disobedience

Journal of Political Philosophy, EarlyView.

As I have explored elsewhere, the Birmingham Philosophy Guild, which my former students and I re-founded in 2012, is a team of community members who engage in theoretical discussion, support group self-cultivation, and community activism. To further promote the guild as a catalyst for progressive social change, the present article connects it to both the popular cultural phenomenon of the “X-Men” – to make the guild more appealing to students and laypeople – and to the cutting-edge contemporary French philosophy of (...) Étienne Balibar – to make the guild more appealing to professors and culture workers. Moreover, the article connects these low- and high-brow phenomena to each other as well, thereby illustrating the political relevance of the lower, as well as a weakness in the higher, pursuant to social justice activism today. (shrink)

While suicide is typically associated with personal despair, people do sometimes kill themselves in the hope or expectation that their death will advance a political cause by way of its impact on the conscience of others, or in extreme cases simply as an expression of protest against a status quo felt to be unjust. Paradigm cases of such protest suicide may be public acts of self-immolation. This chapter distinguishes between instrumental and expressive protest suicide, examines the possible motivations behind them, (...) their possible moral justification, and their potential contribution to the meaning of the suicide’s life. It argues that when the value of the aim pursued by way of instrumental suicide is proportionate, killing oneself promotes it sufficiently, and other morally acceptable options are exhausted, instrumental protest suicide can be morally permissible and consistent with human dignity. It can even be an admirable act of self-sacrifice, provided that the agent’s motivations are suitable. Some of the standard moral objections to suicide don’t apply to such cases. But protest suicide remains morally risky, because one might be mistaken about the worth of one’s cause or the availability of alternatives, and because even these extreme acts typically have limited effect. (shrink)

Sit-ins, blockades, and lock-ons are common protest tactics. They work partly because continuing the operation or attempting quickly to remove activists risks injuring or killing them. Injuring or killing the activists is morally wrong, so the targets of the protest must (temporarily) yield to the activists. This appears to be a case of moral blackmail: The blackmailer makes it so that the blackmailed must either do what the blackmailer wants or do something morally wrong. Here, protestors appear to exploit the (...) targets’ tendency to be moral. Can such tactics be justified? I contend that they can insofar as such activists merely add further reason to what their targets already have decisive reason to do. The problem of moral blackmail, however, complicates the morality of primarily communicative civil disobedience. (shrink)

In this paper, I ask three questions of the liberal. In each, I fill in philosophical detail around a certain sort of complaint raised in current public debates about their position. In the first, I probe the limits of the liberal's tolerance for civil disobedience; in the second, I ask how the liberal can adjudicate the most divisive moral disputes of the age; and, in the third, I suggest the liberal faces a problem when there is substantial disagreement about the (...) boundaries of the rational and the reasonable. (shrink)

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

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American democracy amidst (...) rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

KEY: Patients or families sometimes demand interventions that are of no benefit or are even harmful. Even in cases where cardiopulmonary resuscitation is futile or medically inappropriate, instituting a do not attempt resuscitation order requires either consent of the patient or family, or working through a cumbersome and conflictual institutional process to change code status over their objection. Sometimes they contest these decisions in court and sometimes they win. Avoiding such conflicts gave rise to the practice of “slow codes,” a (...) situation in which the healthcare team responds to cardiac arrest in a patient in a deliberately slow or perfunctory manner, with the intention of not resuscitating the patient at all. Slow codes have been nearly universally decried as unethical in the literature, at least over the last three decades. After all, a slow code is fundamentally dishonest. But critics tend to avoid the socio‐political and clinical realities that motivate the use of slow codes in the first place. In this article, I argue that in the context of judicial and legislative overreach into medical decision‐making, the slow code serves a distinctly moral purpose beyond promoting the welfare of the patient: It is an act of disobedience against an unethical system. (shrink)

Uncivil obedience, also sometimes called malicious compliance, has the potential to be a galvanizing force for political change. Historically, it played a key role in many 20th century labor movements, and is still used today by both individuals and more organized activist groups. Despite this, uncivil obedience is less often a topic of philosophical discussion than its more well-known cousin, civil disobedience. In particular, uncivil obedience’s relationship to violence is almost entirely unexplored. In this paper, I outline the necessary conditions (...) for some act to count as uncivil obedience, discuss its relationship to violence, and then present the conditions that must be met for uncivil obedience to be justified. Like other forms of protest and resistance, uncivil obedience has normative limits; there are things we ought not do with it, even in the name of fighting for a better world. (shrink)

While much has been said about what ought to be done about the statues and monuments of racist, colonial, and oppressive figures, a significantly undertheorised aspect of the debate is the aesthetics of commemorations. I believe that this philosophical oversight is rather unfortunate. I contend that taking the aesthetic value of commemorations seriously can help us a) better understand how and the extent to which objectionable commemorations are objectionable, b) properly formulate responses to aesthetic defences of objectionable commemorations, and c) (...) help us explore aesthetic solutions—for example, artistic interventions as counterspeech—to objectionable commemorations. Here, I propose that the aesthetic value of objectionable commemorations can amplify the force of the objectionable messages conveyed, and the moral disvalue of objectionable commemorations can hinder our appreciation of their aesthetic value. These two considerations shall help us answer the practical question of what to do about objectionable commemorations of apparently good aesthetic value. Both, I shall argue, give us further reason to remove, replace, recontextualise, or even vandalise objectionable commemorations. Sometimes we need to save the art from its own immorality to best respect its aesthetic value. (shrink)

Drawing on James Tully’s dialogical reconstruction of political theory as a critical activity, this chapter proposes to take the disconnect between theory and practice as an occasion to loosen the grip of a particular image of disobedience holding both liberals and their critics captive. Liberal political thought approaches civil disobedience as a problem of justification: namely, as a challenge of reconciling conflicting obligations to conscience and obligations to law where injustice causes the two to diverge. Recent criticisms of the liberal (...) paradigm seek to expand the boundaries of justifiable dissent, or propose new grounds of justification, but seldom question the very paradigm of political theory animating the hegemonic liberal approach itself. The project of resolving practical conflicts of democratic politics by handing down authoritative rules and procedures constitutes a “monological approach” to the study of politics. It figures the theorist as an authority standing over and above the problems of demos. Such an approach mystifies the ways political theory’s pronouncements are context bound and often serve as unreflective idealization of the status quo. Through a survey of the diverse ways the language of civil disobedience is used, and conscientious lawbreaking is practiced, this chapter seeks to disclose some of the ways a monological approach to dissent remains complicit in a racialized politics of law and order it often claims to challenge. (shrink)

InLegitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agencyordinarilysupports a moral duty to (...) obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merelypresumptiveduty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty. (shrink)

Approaching Martin Luther King Jr. as a constructive political theorist, I present a synthetic view of his thought that is able to make cogent and compelling sense of prominent concepts and lines of reasoning in his writings. I contend that King's political thought, which is grounded in his moral, metaphysical, and theological convictions, is best understood as structurally teleological and oriented to the construction of an inclusive, democratic community as its end. To make this case and fill out the picture (...) of his view, I offer an analysis of King's “Letter from Birmingham Jail” and argue that his account of nonviolence, which provides the key to understanding his political thought, ought to be understood as operating within and on behalf of this teleological vision by patterning what I term dialogical relations between persons. (shrink)

Avia Pasternak’s account of permissible political rioting includes a constraint that insists only oppressed citizens, and not privileged citizens, are permitted to riot when rioting is justified. This discussion note argues that Pasternak’s account, with which I largely agree, should be expanded to admit the permissibility of privileged citizens rioting alongside and in solidarity with oppressed citizens. The permissibility of privileged citizens participating in riots when rioting is justified is grounded in the notions that it is sometimes necessary, in accordance (...) with Pasternak’s necessity condition, and that it will oftentimes substantially improve the chances of successfully achieving the just aims the rioting seeks to achieve, in accordance with Pasternak’s success condition. Allowing for this improves Pasternak’s already strong account of permissible political rioting on its own terms. (shrink)

Legal philosophers often ask whether a person has a reason to obey the law simply because it is the law. We ask the contrary question: does a person have a reason to disobey the law simply because it is the law? Many philosophers who have considered the question of disobedience have focused on injustice; others have defended disobedience on libertarian or anarchist grounds. In contrast, we argue that there is a content-independent reason to disobey the law even when it is (...) not unjust, illegitimate, or otherwise undesirable. Legal philosophers generally agree that law claims peremptory authority, but they also generally agree that any duty to obey the law is substantially more limited. We argue that insofar as the law makes inflated claims to authority, it generates a content-independent reason to disobey. This anti-authoritarian principle is grounded in the virtue of clearly communicating one’s political commitments to others within a democratic society. By disobeying, one communicates one’s conviction that the law makes inflated claims to authority. We show how our account of disobedience as such is distinct from more familiar theories of anarchism and civil disobedience and argue that it is applicable whether one lives under conditions of justice or injustice. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 2, Page 221-250, Spring 2024.

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)

There has been a recent spike in interest in the concept of incivility in political theory. The question is: when are democratic citizens justified in engaging in uncivil behaviour with their fellow citizens? This turn reflects an anguish against the constraints of morality on political action. This chapter takes issue with the turn towards incivility within democratic theory, using the case of civil disobedience to highlight its limitations. It discusses the concept of civility and its role in a democracy, showing (...) that this turn poses larger problems for democracy than it resolves. This paper attempts to bring back the concept of civility and highlight the crucial role that it can play in the heavily polarised contemporary political discourse. (shrink)

In the article “Principled Conscientious Provision: Referral Symmetry and Its Implications for Protecting Secular Conscience,” Abram L. Brummett, Tanner Hafen, and Mark C. Navin reject what they call the “referral asymmetry” in U.S. conscientious objection law in medicine, which recognizes rights of conscientiously objecting physicians to withhold referrals for medical interventions but does not (yet) recognize rights of physicians to make referrals for medical interventions to which they are morally committed but to which their health care institutions are morally opposed. (...) This commentary concentrates on a second asymmetry, namely, the relationship of a health care provider's referral or nonreferral to the medical standard of care. The commentary argues that this second asymmetry seems to require action more appropriately recognized as civil disobedience than conscientious provision of referral. (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)

How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm in between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or applicability (...) of civility in interacting with the state under the political status quo. But unlike political revolutionaries who aim at separation from the state, political rioters paradigmatically seek fuller inclusion within it. By rejecting even the appearance of compliance with the political status quo’s systems of justice, political rioters can create a unique venue for systemically marginalized citizens to express warranted disrespect for the state that maintains them in ongoing subjection, as well as their inviolable respect for themselves as persons with dignity beyond the boundaries of civility. (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)

Some people have engaged in acts of civil disobedience to protest against the climate policies of their governments and corporations. This article argues that these disobedient actions are justified at present since governments fail to do all they reasonably can to respond to this pressing issue.

Jonathan Neufeld proposes a concept of aesthetic disobedience that parallels the political concept of civil disobedience articulated by John Rawls in A Theory of Justice. The artistic transgressions he calls aesthetic disobedience are distinctive in being public and deliberative in their aim to bring about specific changes in accepted artworld norms. We argue that Neufeld has offered us valuable insight into the dynamic and potent nature of art and the artworld; however, we contend that Neufeld errs by constraining aesthetic disobedience (...) to the artworld. Through a reconsideration of the parallel between aesthetic and civil disobedience, we illustrate how aesthetic disobedience is more accurately conceived of in terms of two kinds of acts: artistic and artworld. In addition to artistic disobedience and artworld disobedience, we add a broader and more diverse sort of transgressive aesthetic disobedience. Our aim is to articulate how Neufeld’s account of a kind of disobedience in the artworld that parallels civil disobedience can prove even more generative. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...) just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

A common lamentation about political polarization is that it decreases social and political civility. Family members disown each other over political affiliations, protestors flood the streets, and social disavowals become part of everyday life. Polarization increases incivility, which increases polarization, in what appears to be a vicious cycle. However, I argue that there is one kind of political incivility, namely, uncivil obedience, that has the ability to decrease polarization. Uncivil obedience has the capacity to decrease polarization by cleverly drawing attention (...) to both the ironies inherent in our legal, regulatory, and policy schemes and the ways in which neither the political left nor the political right have consistent sets of social and political views. By encouraging people to see the inconsistencies within the polarized left and the polarized right, uncivil obedience can draw people away from polarization as a social and political practice. (shrink)

Book Symposium: The Philosophy of Protest: Fighting for Justice Without Going to War (Rowman and Littlefield, 2021). -/- Authors’ Introduction.

In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey the law. (...) The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom. (shrink)

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 disobedienceeven whencivil disobedience is available. (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)

This chapter offers a critique of mainstream accounts of civil disobedience (CD) in contemporary political theory. Its goal is to highlight how the notion of “civility” is used as a political tool to sanitise and domesticate social protest. Focusing on Australia’s 2017 marriage equality campaign, the chapter highlights how the dominant conception of “civil” disobedience reproduces the logic of a patriarchal system in which women and non-mainstream men are expected to remain quiet and behave with “decorum”. The chapter draws attention (...) to the peculiarity of the Australian context, where the lack of a bill of rights fosters power inequalities by hindering vulnerable groups’ access to justice. Overall, the chapter highlights the risk of an excessive (or exclusive) focus on the behaviour of protesters, at the expense of the structural injustices they seek to unveil. (shrink)

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

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)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm cases to expand the (...) scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (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)

It is common to note some emerging forms of dissent to make claims of civil disobedience. Against them, sceptics argue that these protests should be seen in their own right, and sometimes as instances of uncivil disobedience, because they neither meet the demanding requirements of civil disobedience nor adequately capture the nature of dissent. The chapter examines the sceptical claim against one emerging form of dissent, whistleblowing, and argues that it is a form of civil disobedience. Additionally, it argues that (...) the sceptical claims rest on a conception of civility borrowed from the Rawlsian theory of civil disobedience that is demanding for forms of dissent that, though democracy-enhancing, need not demonstrate features similar to classic forms of civil disobedience. Whistleblowing challenges us to reconsider the shifting lines between civil and uncivil forms of disobedience and demands that theories of civil disobedience are sensitive to the changing contexts of political action. The deviance of whistleblowing from standard models is no testimony to a lack of sincerity and seriousness but a response to the demands of the specific situation, the changing nature and forms of political engagement and governance, and a regard for personal circumstances. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro t...

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 (according to whether they involve child-specific issues or actions). 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)

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 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)

Review Essay on "Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement," by Erin Pineda (2021).