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Penalizing public disobedience

Ethics 118 (4):711-716 (2008)

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  1. How Should Liberal Democratic Governments Treat Conscientious Disobedience as a Response to State Injustice?: A Proposal.Brian Wong & Joseph Chan - 2022 - Royal Institute of Philosophy Supplement 91:141-167.
    This paper suggests that liberal democratic governments adopt a reconciliatory approach to conscientious disobedience. Central to this approach is the view – independent of whether conscientious disobedience is always morally justified – that conscientious disobedience is normatively distinct from other criminal acts with similar effects, and such distinction is worthy of acknowledgment by public apparatus and actors. The prerogative applies to both civil and uncivil instances of disobedience, as defined and explored in the paper. Governments and courts ought to take (...)
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  • Must I Accept Prosecution for Civil Disobedience?Daniel Weltman - 2020 - Philosophical Quarterly 70 (279):410-418.
    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 (...)
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  • Covert Animal Rescue: Civil Disobedience or Subrevolution?Daniel Weltman - 2022 - Environmental Ethics 44 (1):61-83.
    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 (...)
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  • In Defense of Penalizing (but not Punishing) 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 criticisms of (...)
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  • The Ethics of Government Whistleblowing.Candice Delmas - 2015 - Social Theory and Practice 41 (1):77-105.
    What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. Government whistleblowing (...)
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  • 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 obey (...)
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  • Why Toleration Is Not the Appropriate Response to Dissenting Minorities' Claims.Emanuela Ceva - 2012 - European Journal of Philosophy 23 (3):633-651.
    For many liberal democrats toleration has become a sort of pet-concept, to which appeal is made in the face of a myriad issues related to the treatment of minorities. Against the inflationary use of toleration, whether understood positively as recognition or negatively as forbearance, I argue that toleration may not provide the conceptual and normative tools to understand and address the claims for accommodation raised by at least one kind of significant minority: democratic dissenting minorities. These are individuals, or aggregates (...)
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  • Two Tales of Civil Disobedience: A Reply to David Lefkowitz.Kimberley Brownlee - 2018 - Res Publica 24 (3):291-296.
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