Judicial responses to civil disobedience: A comparative approach

Res Publica 10 (4):379-399 (2004)
  Copy   BIBTEX


In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient.



    Upload a copy of this work     Papers currently archived: 74,389

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Ecosabotage and Civil Disobedience.Michael Martin - 1990 - Environmental Ethics 12 (4):291-310.
‘Law and Order’ and Civil Disobedience.Fred R. Berger - 1970 - Inquiry: An Interdisciplinary Journal of Philosophy 13 (1-4):254 – 273.
Rawls and Gandhi on Civil Disobedience.Vinit Haksar - 1976 - Inquiry: An Interdisciplinary Journal of Philosophy 19 (1-4):151 – 192.
Is Ecosabotage Civil Disobedience?Jennifer Welchman - 2001 - Philosophy and Geography 4 (1):97 – 107.
Cyber Disobedience: When is Hacktivism Civil Disobedience?Brian J. Huschle - 2002 - International Journal of Applied Philosophy 16 (1):69-83.


Added to PP

35 (#330,715)

6 months
1 (#415,900)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Add more citations

References found in this work

Add more references