Abstract

Occupy Wall Street is best understood, I would suggest, as a new form of political as opposed to civil disobedience that fundamentally rejects the political and ideological landscape that has dominated our collective imagination in this country since before the cold war. Civil disobedience accepts the legitimacy of the political structure and of our political institutions but resists the moral authority of the resulting laws. It is “civil” in its disobedience—civil in the etymological sense of taking place within a shared political community, within the classical Latin framework of civilitas, within an art of civil government. Civil disobedience accepts the verdict and condemnation that the civilly disobedient bring upon themselves. It respects the legal norm at the very moment of resistance and places itself under the sanction of that norm. If it resists the legal sanction that it itself entails, it is, in effect, no longer truly civil disobedience. As Martin Luther King, Jr. wrote in “Letter from Birmingham City Jail,” “an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law.” Civil disobedience does not aim to displace the law-making institutions or the structure of legal governance but rather to challenge the governing laws by demonstrating their injustice.Political disobedience, by contrast, resists the very way in which we are governed. It rejects the idea of honoring or expressing the “highest respect for law.” It refuses to willingly accept the sanctions meted out by the legal and political system. It challenges the conventional way that political governance takes place, that laws are enforced. It turns its back on the political institutions and actors who govern us all. It resists the structure of partisan politics, the traditional demand for policy reforms, the call for party identification, and, beyond that, the very ideologies that have dominated the postwar period