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Civil Disobedience, Punishment, and Injustice

In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 167-188 (2019)

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  1. On the Necessity Defense in a Democratic Welfare State: Leaving Pandora’s Box Ajar.Ivó Coca-Vila - 2024 - Criminal Law and Philosophy 18 (1):61-88.
    The necessity defense is barely accepted in contemporary Western case law. The courts, relying on the opinion held by the majority of legal scholars, have reduced its margin of application to practically zero, since in the framework of contemporary welfare states, there is almost always a “legal alternative.” The needy person who acts on their own behalf, regardless of whether they save an interest higher than the one they injure, does not show due deference to democratic legal solutions and procedural (...)
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  • 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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  • Unruly kids? Conceptualizing and defending youth disobedience.Nikolas Mattheis - 2022 - European Journal of Political Theory 21 (3):466-490.
    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 (...)
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  • Civil disobedience.Kimberley Brownlee & Candice Delmas - 2021 - Stanford Encyclopedia of Philosophy.