Considerable scholarship over the last dozen years has greatly increased our understanding of Apology and Crito. However, the knottiest problem between these dialogues--the frequently noted apparent contradiction between Apology 29c-30c and Crito 51b-c, between Socrates’ pledge to disobey a court order to give up philosophy and his argument that legal authority absolutely obligates a citizen to obedience--is far from being resolved. In the end I argue that this contradiction is unresolved, despite numerous ingenious attempts to eliminate it, because it (...) is rooted in deep inconsistencies in Socrates’ principles and character. In the course of reaching a conclusion that most scholars have striven to avoid I review and dispute the major strategies on resolving the contradiction: that it is only apparent, because one of the views is not (unqualifiedly) Socrates’ or a sophisticated analysis of the rhetorical purposes of the dialogues eliminates any contradiction. (shrink)

Considerable scholarship over the last dozen years has greatly increased our understanding of Apology and Crito. However, the knottiest problem between these dialogues--the frequently noted apparent contradiction between Apology 29c-30c and Crito 51b-c, between Socrates’ pledge to disobey a court order to give up philosophy and his argument that legal authority absolutely obligates a citizen to obedience--is far from being resolved. In the end I argue that this contradiction is unresolved, despite numerous ingenious attempts to eliminate it, because it (...) is rooted in deep inconsistencies in Socrates’ principles and character. In the course of reaching a conclusion that most scholars have striven to avoid I review and dispute the major strategies on resolving the contradiction: that it is only apparent, because one of the views is not (unqualifiedly) Socrates’ or a sophisticated analysis of the rhetorical purposes of the dialogues eliminates any contradiction. (shrink)

Considerable scholarship over the last dozen years has greatly increased our understanding of Apology and Crito. However, the knottiest problem between these dialogues--the frequently noted apparent contradiction between Apology 29c-30c and Crito 51b-c, between Socrates’ pledge to disobey a court order to give up philosophy and his argument that legal authority absolutely obligates a citizen to obedience--is far from being resolved. In the end I argue that this contradiction is unresolved, despite numerous ingenious attempts to eliminate it, because it (...) is rooted in deep inconsistencies in Socrates’ principles and character. In the course of reaching a conclusion that most scholars have striven to avoid I review and dispute the major strategies on resolving the contradiction: that it is only apparent, because one of the views is not (unqualifiedly) Socrates’ or a sophisticated analysis of the rhetorical purposes of the dialogues eliminates any contradiction. (shrink)

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

This chapter contains sections titled: Definitions Justification and the Duty to Obey.

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regimes laws? How should reasons for obedience figure (...) in our thinking about justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified. (shrink)

This article offers a general framework for thinking about civil disobedience as transformative political action. Positing authority as the mode of power corresponding to obedience, and authority and freedom as internally related, it proposes a model of freedom and political authority as a basis for this framework. The framework is sufficiently general to allow for context-dependent variations – for example, as to whether publicity or non-violence is required – while specifying a view of civil disobedience as transformative (...) action driven by a constellation of ethical, legal and political concerns. A reconfigured conception of conscience has a place within this account, but is not an indispensable element. (shrink)

Civil disobedience raises difficult problems for most of us because we are neither absolute legalists nor absolute individualistic moralists. As it is usually denned, civil disobedience consists in violating some law on the ground that it or some other law or social policy is morally wrong, and the manner of this violation is public, nonviolent, and accepting of the legally prescribed penalty for disobedience. According to the absolute legalist, civil disobedience is never justified, because he holds (...) that every law, no matter how bad or wrong it may be, ought to be obeyed. According to the absolute individualistic moralist, on the other hand, civil disobedience is always justified, because such a moralist gives absolute priority to the demands of the individual's conscience, so that when anyone's conscience tells him some law or policy is morally wrong, that ought to settle the issue of obedience for the person in question. (shrink)

THE CASE OF SOCRATES, like that of Antigone, holds a high place in the history of the discussion of civil disobedience. Yet the position which Socrates took on this question is seemingly unclear, even with respect to its broadest outlines. This is exhibited by a surprising and considerable divergence of opinion, bearing on what Socrates did and said, in some of the recent writings on civil disobedience.

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use (...) public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use (...) public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (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 tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists (...) to remain anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)

In recent years, foreign language learning has been proposed as a possible cognitive intervention for older adults. However, the brain network and cognitive functions underlying FLL has remained largely unconfirmed in older adults. In particular, older and younger adults have markedly different cognitive profile—while older adults tend to exhibit decline in most cognitive domains, their semantic memory usually remains intact. As such, older adults may engage the semantic functions to a larger extent than the other cognitive functions traditionally considered the (...) most important. Using anatomical measurements and a cognitive test battery, the present study examined this hypothesis in twenty cognitively normal older adults, who participated in a two-month Italian learning programme. Results showed that the immediate learning success and long-term retention of Italian vocabularies were most consistently predicted by the anatomical measures of the left pars orbitalis and left caudal middle frontal cortex, which are implicated in semantic and episodic memory functions. Convergent evidence was also found based on the pattern of cognitive associations. Our results are consistent with a prominent role of semantic and episodic memory functions in vocabulary learning in older learners. (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 tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists (...) to remain anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)

This thesis examines the concept of civil disobedience, and the role the latter can play in a democratic society. It aims to offer a moral justification for civil disobedience that departs from consequentialist or deontological considerations, and focuses instead on virtue ethics. By drawing attention to the notion of civic virtues, the thesis suggests that, under some circumstances, an act of civil disobedience is the very act displaying a virtuous disposition in the citizen who disobeys. Such disposition (...) is interpreted in light of a duty each individual has to respect her fellow citizens as autonomous agents. This grounds, in turn, a moral obligation to respect the law. The central claim of the thesis is that the obligation towards the law is fulfilled not only through acts of obedience but also, under different circumstances, through acts of disobedience. The status of non-violence as a necessary component of civil disobedience is questioned, and it is argued that a degree of force or violence may be permissible in civil disobedience, when it is compatible with the duty to respect others’ autonomy. Subsequently, the thesis offers an analysis of ‘reasonableness’ as a civic virtue, and by comparing three different approaches to the issue of reasonable disagreement among democratic citizens, it defends the deliberative approach as the most suited for treating fellow citizens as autonomous agents. The last two chapters focus on the importance, for an act of civil disobedience, of the agent’s willingness to accept the legal consequences of her law-breaking behaviour. It is argued that a civil disobedient has an obligation to face the prospect of being punished for the breach of the law. However, in considering the behaviour of a virtuous civil disobedient who appears at her criminal trial, it is also claimed that she should plead not guilty and aim to persuade her fellow citizens that she does not deserve to be punished, because what she did does not constitute a criminal wrong. In doing so, this thesis depicts civil disobedience not as a merely permissible form of behaviour, but as a morally praiseworthy conduct within a democratic community. (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...

It is still an open question whether or not Civil Disobedience (CD) has to be completely nonviolent. According to Rawls, “any interference with the civil liberties of others tend to obscure the civilly disobedient quality of one's act”. From this Rawls concludes that by no means can CD pose a threath to other individuals' rights. In this paper I challenge Rawls' view, arguing that CD can comprise some degree of violence without losing its “civil” value. However, I specify that (...) violence must not be aimed at seriously injuring, or even killing, other individuals. This would contravene the communicative aspect of CD. The main claim is that what really is important is that the civil disobedients be willing to accept the punishment following their law-breaking behaviour. By doing so, they demonstrate the conscientiousness of their civilly disobedient action. This also shows that they are aiming for future cooperation with the State, and are expecting the State to be sensitive to their concern for the principles of justice. (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)

Civil disobedience is a form of protest in which protestors deliberately violate a law. Classically, they violate the law they are protesting, such as segregation or draft laws, but sometimes they violate other laws which they find unobjectionable, such as trespass or traffic laws. Most activists who perform civil disobedience are scrupulously nonviolent, and willingly accept legal penalties. The purpose of civil disobedience can be to publicize an unjust law or a just cause; to appeal to the (...) conscience of the public; to force negotiation with recalcitrant officials; to "clog the machine" (in Thoreau's phrase) with political prisoners; to get into court where one can challenge the constitutionality of a law; to exculpate oneself, or to put an end to one's personal complicity in the injustice which flows from obedience to unjust law —or some combination of these. While civil disobedience in a broad sense is as old as the Hebrew midwives' defiance of Pharaoh, most of the moral and legal theory surrounding it, as well as most of the instances in the street, have been inspired by Thoreau, Gandhi, and King. In this article we will focus on the moral arguments for and against its use in a democracy. (shrink)

Throughout his works Kierkegaard repeatedly claims that the modern age has subverted authentic Christianity. While interpretations of Kierkegaard’s critique of the modern approach to religion abound, they generally agree that the critique is based on various conceptual distinctions regarding the limits of human reason, the epistemological differences between subjective and objective truth, or the nature of religious faith. Very little attention, however, has been paid to the prominent role authority plays in the critique or to the fact that according to (...) Kierkegaard it is disobedience to authority, and not any conceptual confusion, that is the primary fault of the flawed modern approach. This paper argues that Kierkegaard’s most fundamental indictment of the modern approach to religion is its disobedience to the authority of the Christian command. Given this, the paper then examines what, for Kierkegaard, is the basis on which a person should choose to submit to an alleged religious authority. (shrink)

In this article I define civil disobedience and classify it into four forms based on motive and extent of dissent. I then present Thomas Aquinas's account for justified civil disobedience. After first determining how a law or system of laws is unjust, the duty (virtue) of obedience to just and unjust laws is discussed. Finally, I argue that of the four possible forms of civil disobedience, Aquinas's natural Law Theory only clearly allows the fourth, i.e., altruistic (...) disobedience of an unjust system of rule, while at times also apparently allowing the third, i.e., altruistic disobedience of an unjust law. (shrink)

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

In Taking Rights Seriously Dworkin claimed that people had strong rights to disobey the law so that the government would be wrong to punish anyone who exercised them. This claim raises fundamental questions about the source of obligation and the limits of legitimacy. These questions of political theory have been given surprisingly little attention by him or his critics. I examine whether strong rights make any sense and conclude that his political theory cannot even generate the minimal prima facie obligation (...) necessary to justify coercion, and hence, law. My solution is to interpret justice in the same way as law. Dworkin resists what I call Justice as Integrity because of concerns about ethical relativism. By considering his more recent works on objectivity and moral truth, I attempt to show that Dworkin’s aversion to Moral Constructivism is based on an undue fear of the uncertainty of social practices and an undue faith in the certainty of empirical observation. By reconstructing the interpretive derivations of justice I offer a method to make the idea of obligation, strong rights, and hence, law as integrity, more viable. (shrink)

In Passive Obedience Berkeley argues that we must always observe the prohibitions decreed by our sovereign rulers. He defends this thesis both by providing critiques against opposing views and, more interestingly, by presenting a moral theory that supports it. The theory contains elements of divine - command, natural - law, moral - sense, rule - based, and outcome - oriented ethics. Ultimately, however, it seems to rest on a notion of spiritual reason — a specific God - given faculty (...) that all rational human beings have. Berkeley’s work on immaterialism, for which he is better known, could thus perhaps best be seen as an attempt to find a scientific justification for his moral doctrine. (shrink)

This chapter contains sections titled: The Prima Facie Duty to Obey: A Brief History Implications of Catechistic Metaethics for the Duty of Obedience Implications of Commonalist Metaethics for the Duty of Obedience Conclusion References.

This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such as Plato, Augustine, (...) Aquinas, Hobbes, Locke, Hume, Rousseau, Thoreau, Bentham, Marx and Engels, and Martin Luther King, Jr. These classical discussions are augmented by critical questions and commentary, by independent discussions of the question of legal obligation by a wide range of contemporary writers, and by relevant judicial cases discussing matters such as conscientious objection and civil disobedience. (shrink)

The notions of duty and obligation constitute the central focus of Rawls's account of political authority. This chapter examines Rawls's accounts of (1) the justification of political authority; (2) the essential elements of a just constitutional regime; (3) the conditions under which resistance to just institutions is permissible or required; and (4) the conditions under which institutions cease to deserve fidelity and obedience. It commences with Rawls's accounts of duty and obligation, focusing on his accounts of (1) the duties (...) and obligation of citizens; and (2) the duty to obey unjust laws. Rawls discusses two instances in which certain forms of resistance are justifiable: civil disobedience; and conscientious refusal. Rawls's account continues to be oriented by the underlying notion that the legitimate exercise of coercive political power must be justifiable on terms that persons subject to that power can affirm on due reflection. (shrink)

Hannah Arendt valued the unprecedented, the unexpected, and the new, yet in essays crafted at the end of the rebellious 1960s, struggled to square this valuation with a palpable desire for law and order. She lamented that criminality had overtaken American life, accused the police of not arresting enough criminals, and charged ‘the Negro community’ with standing behind what she named black violence. At once, she praised ‘the white rebels’ of the student movement in the United States for their courageous (...) acts of disobedience. This essay explores how differential Arendt’s treatment of lawbreaking action was in an effort to understand how ‘certain sections of the population’ in the United States could appear to stand for criminality rather than civil disobedience to her mind. It examines how Arendt’s reflections on the ostensibly non-racial subjects of civil disobedience and lawbreaking were underwritten by racial, when not racist, ways of thinking. The essay also raises a larger question: to the extent that the concept of civil disobedience involves limits, how are those limits drawn to the exclusion of certain kinds of actors and their particular claims in the public realm? Pondering this question through Arendt, it concludes that in her theorization of civil disobedience, Arendt was profoundly limited by the fabulous tale that the United States is an exceptional land of freedom and democracy in the world. (shrink)

ABSTRACTWhat is it to obey the law? What is it to disobey? Philosophers have paid little attention to these questions. Yet the concepts of obedience and disobedience have long grounded many perennial debates in moral, legal, and political philosophy. In this essay, I develop systematic accounts of each concept. The Standard View of obedience—that to obey the law is to act for a certain sort of reason provided by the law—has long been taken for granted. I argue (...) against this and other views of obedience, and develop an account of the knowledge and intention required in acts of obedience. I then develop a symmetrical account of the disobedience involved in acts of civil disobedience. The purpose of the essay is to develop a more systematic understanding of these concepts, in order to identify more precisely what is at stake in debates of political obligation, civil disobedience, and the authority of law. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this (...) claim, I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds (...) on theApology. Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation. (shrink)

The question of (prima facie) formal moral obligation to obey the law remains a perennial in the garden of philosophy. In this paper I consider two recent attempts to dig it up by the roots. The first attempt to settle the question of formal moral obligation to obey the law I shall consider here appeared in the Yale Law Review almost a decade ago. Its author, M. B. E. Smith, argued that there is no such obligation. The article has since (...) been reprinted in a number of popular philosophical anthologies. Hyman Gross has described it as one of "the two most influential works on the morality of civil disobedience." 2 The argument has, as far as I can tell, not been criticized in print. The other attempt to answer that perennial question appeared in Bernard Gert's The Moral Rules (originally published seven years before Smith's article). Gert argued that there is a formal moral obligation to obey the law. Gert's book seems to have received little attention from philosophers. His argument for obligation to obey the law has, as far as I can tell, received no attention at all. Even Smith said nothing about it. The argument seems to have fallen into that silence all writers fear. Yet, it seems to me, Gert has the better answer. (shrink)

Engineers have a greater responsibility than many other professionals not to commit civil disobedience in performing their jobs as engineers. It does not follow that engineers have no responsibility for their company’s actions. Morally, engineer may be required to speak out within the company or even publicly against her company. An engineer may be required to work on a project or quit her job. None of these acts, generally, are against the law. An engineer may be morally required to (...) commit civil disobedience as a private citizen. But, given the institutional character of engineering and the division of labor in the modern world, very rarely will conscience require an engineer to violate the law in the performance of her job as an engineer. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Calvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms by Matthew J. TuiningaGuenther ("Gene") HaasCalvin's Political Theology and the Public Engagement of the Church: Calvin's Two Kingdoms Matthew J. Tuininga CAMBRIDGE: CAMBRIDGE UNIVERSITY PRESS, 2017. 258 PP. £69.99 / £27.99In recent years, a vigorous debate has arisen within Reformed circles concerning the nature of the two kingdoms theology of John Calvin. Although all recognize (...) that Calvin articulated a distinction between the spiritual kingdom of the church and the political kingdom of the state, there is disagreement over [End Page 211] the nature of the engagement of Christians with the temporal kingdom and over what should guide the state in enacting civil justice and order.The Kuyperian Neo-Calvinist movement holds a transformationalist understanding of the engagement of members of the spiritual kingdom with all vocations and spheres of life. Alternatively, two kingdoms Reformed theologians, such as David VanDrunen and Michael Horton, argue that the Reign of Christ is confined to the spiritual kingdom and must not be brought to bear directly on the temporal kingdom. Matthew Tuininga's book supports the latter view in his exposition of Calvin's political theology. Tuininga argues that Calvin articulated a sharp distinction between church and political society, such that politics is seen not as "a means of transforming society into the kingdom of God according to the dictates of Christian scripture, but as an endeavour to secure temporal order and civil righteousness in accord with reason, natural law, and the virtues of charity and prudence" (1).Tuininga begins by situating Calvin and his two kingdoms theology in their historical and political context, indicating Calvin's concern for the autonomy of church contra government interference. The central chapters (3–6) present the eschatological basis for Calvin's two kingdoms doctrine and detail the development of this theme in Calvin's thought. The Kingdom of God is identified with the church and its spiritual authority. It is distinct from the state's temporal authority, whose role is to maintain civil righteousness and order. To support this distinction between the mandate of the two kingdoms, Tuininga presents in chapter 7 the novel, and debatable, claim that Calvin holds to two covenants of God with Israel: the covenant of grace made with Abraham and confirmed at Sinai and the narrower covenant of the law for Israel's national life, in which God's blessings and punishments were conditional on Israel's obedience and disobedience. Although this legal covenant—with its earthly and temporal character—is embedded in the broader covenant of grace, it is abolished with the fulfillment of the covenant of grace in the coming of Christ. Only the covenant of grace—with its heavenly, inward, and spiritual character—remains in force for God's people today.Chapter 8 argues that Calvin's views on the mandate of the magistrate to protect religion and enact public justice is based not on appeals to scripture but to reason, the evidence of national laws, and natural philosophy. In chapter 9 Tuininga unfolds the implications of Calvin's two kingdoms theology for Christian political involvement in society. And in his conclusion, Tuininga unfolds numerous ways that this two kingdoms theology can guide contemporary Christians' engagement with modern liberal democracies.This work is a welcome exposition of Calvin's political theology to support the two kingdoms theology. However, in addition to the novel, and debatable, claim that God made two covenants with Israel, this reviewer finds that Tuininga's exposition fails to incorporate key points in Calvin's thought: the failure of civil rulers' to enact natural law faithfully and consistently (2.2.13, 23; 3.14.2), [End Page 212] the description of the calling of civil authority as "holy and lawful before God … the most sacred and by far the most honorable of all callings" (4.20.4), and Calvin's claim that the best rulers are those governing according to both tables of the Decalogue (4.20.9–11). Nevertheless, this book is an important contribution to the ongoing debate and should be widely read.Guenther ("Gene") HaasRedeemer University CollegeCopyright © 2018... (shrink)

Society has historically not taken a benign view of genetic disease. The laws permitting sterilization of the mentally re tarded~ and those proscribing consanguineous marriages are but two examples. Indeed as far back as the 5th-10th centuries, B.C.E., consanguineous unions were outlawed (Leviticus XVIII, 6). Case law has traditionally tended toward the conservative. It is reactive rather than directive, exerting its influence only after an individual or group has sustained injury and brought suit. In contrast, state legislatures have not been (...) inhibited in enacting statutes. Many of their products can be characterized as hasty, unnecessary, ill-conceived, and based on the heart rather than the head. Moreover the lack of expert consultation sought has also been remarkable. One state legislature, for example, has advocated immunization for sickle cell anemia! Many others have enacted laws for the screening of inborn errors of metabolism, e.g., phenylketon uria, but have poorly defined the lines of responsibility to secure compliance. A spate of specific disease-related bills has emerged in the u.S. Congress, each seeking recognition and appropriations. Sickle cell anemia, hemophilia, Cooley's anemia and Tay-Sachs disease have been among the front-runners for support. Finally, in 1975, Congress has begun to examine an omnibus bill concerning all forms of genetic disease. The bill, termed the National Genetic Diseases Act is, however, still far from being enacted. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment (...) to engaging with others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (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)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

The general assumption that underlines Richard Posner’s argument in his book Not a Suicide Pact is that decisions concerning rights and security in the context of modern terrorism should be made by balancing competing interests. This assumption is obviously correct if one refers to the most rudimentary sense of balancing, namely, the idea that normative decisions should be made in light of the importance of the relevant values and considerations. However, Posner advocates a more specific conception of balancing, both substantively (...) and institutionally. Substantiality, he argues for balancing based on a consequential moral theory that rejects the ideas of deontological rights and particularly absolute or very weighty deontological rights. More specifically, it seems that Posner assumes a utilitarian theory that also rejects intrinsic concern for distributive justice. Institutionally, Posner argues that this method of reasoning should be adopted by judges when interpreting the constitution. These substantive and institutional background assumptions are of course controversial, but I do not dispute them in this Article. My critique concerns Posner’s conclusions based on these assumptions. Posner’s main claim is that given the magnitude of the danger of modern terrorism, even a small probability that an act of terror may occur justifies extreme anti-terror measures. While the general idea that even a slight risk of very serious harm justifies significant cost is plausible, I doubt Posner’s assumptions regarding the cost of various means of preventing these dangers, his claim that judicial review in this context should be very limited, and his suggestion of an absolute formal prohibition that is not strictly enforced in the context of measures such as interrogational torture. (shrink)

Mohandas Gandhi is civil disobedience’s most original theorist and most influential mythmaker. As a newspaper editor in South Africa, he chronicled his experiments with satyagraha by drawing parallels to ennobling historical precedents. Most enduring of these were Socrates and Henry David Thoreau. The genealogy Gandhi invented in these years has become a cornerstone of contemporary liberal narratives of civil disobedience as a continuous tradition of conscientious appeal ranging from Socrates to King to Rawls. One consequence of this contemporary (...) canonization of Gandhi’s narrative, however, has been to obscure the radical critique of violence that originally motivated it. This essay draws on Edward Said’s account of travelling theory to unsettle the myth of doctrine that has formed around civil disobedience. By placing Gandhi’s genealogy in the context of his critique of modern civilization, as well as his formative but often-overlooked encounter with the British women’s suffrage movement, it reconstructs Gandhi’s paradoxical notion that sacrificial political action is the fullest expression of self-rule. For Gandhi, Socrates and Thoreau exemplify civil disobedience as a fearless practice of fidelity to truth profoundly at odds with liberal conceptions of disobedience as fidelity to law. (shrink)

Engineers have a greater responsibility than many other professionals not to commit civil disobedience in performing their jobs as engineers. It does not follow that engineers have no responsibility for their company’s actions. Morally, engineer may be required to speak out within the company or even publicly against her company. An engineer may be required to work on a project or quit her job. None of these acts, generally, are against the law. An engineer may be morally required to (...) commit civil disobedience as a private citizen. But, given the institutional character of engineering and the division of labor in the modern world, very rarely will conscience require an engineer to violate the law in the performance of her job as an engineer. (shrink)

Law and order ranks high among the values the State is thought to achieve. Civil disobedience is often condemned because it is held to threaten law and order. Several senses of 'order' are distinguished, which make clear why 'law' and 'order' are so often linked. It is then argued that the connection cannot always be made since the legal system may itself create disorder. Civil disobedience may contribute to greater order and a more stable legal system by helping (...) to remove these causes of disorder. Thus, civil disobedience is sometimes justifiable in terms of its contribution to law and order. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)