Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It (...) is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the (...) major contributions in political and legal philosophy, ranging from John Rawls' seminal account in 1971, to the recent views advanced by Kimberley Brownlee, David Lefkowitz and William Smith. In the last chapter, the author proposes a novel account of civil disobedience, able to meet some of the unresolved challenges. The author argues that, to make sense of civil disobedience, we should expand our conception of political obligation, so to include acts that, despite being illegal, may reveal the agent's civility. (shrink)

Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, (...) class='Hi'>civil disobedience. (shrink)

The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard (...) liberal model, while providing a useful starting point, ultimately leads to an overly constrained, domesticated and sanitized understanding of this complex political practice. Second, I place the political practice of civil disobedience between two opposing poles: symbolic politics and real confrontation. I argue that the irreducible tension between these poles precisely accounts for its politicizing and democratizing potential. Finally, I briefly examine the role of civil disobedience in representative democracies, addressing a series of recent challenges made in response to this radically democratic understanding of disobedience. (shrink)

Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper (...) I argue that Rawls cannot explain how civil disobedience may be effective as a public appeal for social justice because he does not fully understand what it means for civil disobedience to be public in relation to the public sphere. His analysis would require an additional notion of publicity which, as I argue, is the notion of hermeneutical publicity. From a Bourdieusian perspective I then make a case for the claim that public spheres always suffer from hermeneutic invisibility. This may explain why non-violent appeals for social justice fail as dialogical practices. Finally I suggest how we nevertheless could understand that civil disobedience can be effective as a dialogical practice. (shrink)

This article responds to William Scheuerman’s analysis of Edward Snowden as someone whose acts fit within John Rawls’ account of civil disobedience understood as a public, non-violent, conscientious breach of law performed with overall fidelity to law and a willingness to accept punishment. It rejects the narrow Rawlsian notion in favour of a broader notion of civil disobedience understood as a constrained, conscientious and communicative breach of law that demonstrates opposition to law or policy and a (...) desire for lasting change. The article shows that, according to Rawls’ unduly narrow conception, Edward Snowden is not a civil disobedient. But, according to the more plausible, broader conception, he is. It then identifies some advantages of the broader conception in contemporary analyses of new forms of disobedience, including globalized disobedience and digital disobedience. (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)

This essay explores some of the conceptual and moral issues raised by illegal actions in health care. The author first identifies several types of illegal action, concentrating on civil disobedience, conscientious objection or refusal, and evasive noncompliance. Then he sketches a framework for the moral justification of these types of illegal action. Finally, he applies the conceptual and normative frameworks to several major cases of illegal action in health care, such as "mercy killing" and some decisions not to (...) treat incompetent patients. Keywords: illegal actions, mercy killing, non-treatment of incompetent patients, civil disobedience, conscientious objection, evasive non-compliance, moral justification and disobedience, dissent in health care CiteULike Connotea Del.icio.us What's this? (shrink)

Those arguing that conscientious objection in medicine should be declared unethical by professional societies face the following challenge: conscientious objection can function as an important reforming mechanism when it involves health care workers refusing to participate in certain medical interventions deemed standard of care and legally sanctioned but which undermine patients’ rights. In such cases, the argument goes, far from being unethical, conscientious objection may actually be a professional duty. I examine this sort of challenge and ultimately argue that these (...) acts of conscience done in the interest of reforming professional norms or medical regulations are best understood as episodes of civil disobedience rather than episodes of conscientious objection. In contrast to the private, exempting nature of conscientious objection, civil disobedience is a public breach of a norm or law undertaken with the aim of bringing about a change in governmental policies or professional standards. Consequently, clinicians may have a duty to engage in civil disobedience even while professional societies are right to declare limitations on the ethical appropriateness of conscientious objection. (shrink)

Though all of the principal features of Rawls's definition of civil disobedience are in varying degrees unacceptable, one of these consists of the fertile but unargued suggestion that civil disobedience is a mode of address. The first half of the paper tests this by construing civil disobedience as a vehicle of non?natural meaning (but not necessarily of linguistic non?natural meaning) and so as operating the Gricean mechanism of a hierarchy of intentions and beliefs. This (...) feature is absent from other definitions but is essential if other kinds of conscientious illegality are to be contrasted. In the second half a definition is arrived at through rejections or modifications of the other Rawlsian conditions and by reference to some recent accounts of force and violence. It is hoped that the definition has the double advantage of being broadly congruent with our intuitions and of supplying a theoretical underpinning for what it includes and excludes. (shrink)

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)

Civil disobedience is a form of protest consisting in an act contrary to law, whose aim is to bring about a change in laws or policies deemed unjust. In the traditional Western philosophical debate, civil disobedience was mainly discussed and justified within the boundaries of a democratic regime. John Rawls’ theory of civil disobedience is explicitly based on this liberal assumption. He conceptualises civil disobedience as a public, nonviolent, conscientious and political breach (...) of the law, only appropriate to nearly just societies, hence to democratic regimes. This article intends to question Rawls’ premise by considering civil disobedience from a different perspective: when it is undertaken outside of a nearly just framework, precisely in not fully democratic contexts, such as the so-called “anocracies”, regimes that mix democratic and autocratic traits. The emblematic case of Sudan’s most recent actions of civil disobedience is examined to argue that, contrary to the liberal conceptualisation, civil disobedience does have a role and appropriateness in frameworks of this kind, where the aim is not only to oppose unjust laws or policies, but also to achieve a broader structural change through rigorously nonviolent forms of political action. (shrink)

I believe that some instances of civil disobedience are justifiable, even in a reasonably healthy democracy. This is a proposition with which most persons are inclined to agree intuitively, I think, and may therefore appear to be in no need of defense. In fact, however, the presentation of a solid defense of that thesis would be so complicated, and so inextricably entwined with factual questions about the circumstances in which the disobedience in question takes place, that I (...) shall not even attempt to provide it here. The provision of that defense is one ultimate object of mine, however, and my present purpose is to advance toward it by examining certain critical arguments that the defense of civil disobedience must meet. My aim here is to show that the major arguments, which are designed to establish the unjustifiability of civil disobedience, do not do that. (shrink)

The question of civil disobedience has preoccupied philosophical discourse at least since Thoreau's articulation of disobedience as a form of non-compliance and Rawls' classic definition outlined in the wake of the civil rights and student protest movements of the 1960s. It has become increasingly clear, however, that these classic definitions are being challenged and rethought from a variety of traditions in the wake of contemporary protests. These articles engage with the most recent debates surrounding civil (...) disobedience and conscientious objection, opening up original new paths for thinking about forms of protest. They also reveal disagreements about how to understand civil disobedience and about the place of conscience in political protest, inviting further discussion on these questions and issues. (shrink)

"Mothers' Civil Disobedience"In this paper, I consider how the nonviolent civil disobedience of Molly Rush and Cindy Sheehan reflect the inherent ambiguity of mothering in a militaristic society. First, if a mother says nothing and does nothing about the pervasive militarism in society the very lives of her children (as well as other children) are at risk. But, if a mother speaks out against militarism or commits an act of civil disobedience, she risks scorn (...) and imprisonment that can interfere with, or make impossible much of the work of mothering. Second, part of mothering involves raising children to be socially acceptable, but in a militaristic society that which is socially acceptable is morally unacceptable. Rush and Sheehan use their particular context to successfully challenge U.S. militarism through non-violentcivil disobedience. (shrink)

This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in (...) the international system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University. (shrink)

In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that (...) Brownlee’s arguments fail. In particular, her argument fails because it does not properly construe the nature of the epistemic claim that can be made either by democratic procedures or by civil disobedients, and because it illegitimately conflates the concern about permanent minorities that has been a constant thorn in the side of democratic theorists, with a concern with all outvoted minorities, whether permanent minorities or not. (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)

Recent discussions of civil disobedience show the world of scholarship and public affairs in disarray. Not only is there considerable disagreement over how civil disobedience is to be justified, there is hardly less disagreement over what civil disobedience is. Can it be violent, or must it be nonviolent, in intention and in outcome? Can civil disorder be a special case of mass civil disobedience? Must civil disobedience proceed within the (...) framework of the existing politico-legal system or may it be revolutionary in intention? Could it be anarchistic? Should the authorities endeavor to prosecute and punish the civil disobedient as though he were a common criminal? Is disobedience which results in no punishment of the disobedient not civil disobedience after all? Because of disagreements over the answers to these questions, the description of an act as an act of civil disobedience is likely to be ambiguous and controversial not only for the general public and the government but even in some cases for the protesters themselves. Confusion rooted in honest misunderstanding is compounded by bad faith, by basic disagreements over the ideal and the actual relations between the individual and the state, and by obscurity in the facts surrounding the intentions of the protesters and the consequences of their acts. (shrink)

The article argues that civil disobedience must be perceived as an action with progressive and political significance, thus reflecting, from a Kantian perspective, the recognizable paradox between morality and law, as expressed in Kant’s moral and political writings. Hence, this article firstly analyzes on which grounds Kant claims rebellion to be unjust. Secondly, it examines how and if people, from a Kantian point of view, can defend themselves against an unjust sovereignty. On this basis, it argues that ‘ (...) class='Hi'>civil disobedience’ can be juxtaposed with the Kantian idea of ‘freedom of the pen,’ thus having the same function as a political corrective. However, two questions are still to be answered, namely if civil disobedience must be punished, and if civil disobedience as a political corrective can be justified? By considering civil disobedience primarily as political agency, both questions are answered in the affirmative. (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)

Four views concerning environmental disobedience are discussed in this chapter, focusing on the moral justification of lawbreaking on behalf of natural environments. The traditional view suggests that accounts of ordinary civil disobedience understood through the Rawlsian tradition can be extended to capture cases of environmental disobedience. The revisionary view argues that the concept of civil disobedience needs to be revised in order to account for environmental disobedience, ecosabotage in particular. The radical view militates (...) against basic assumptions of civil disobedience to argue that ecosabotage counts as forms of civil disobedience. The envisionary view suggests that environmental disobedience is best understood as a creative performance, a type of beautiful trouble or creative disruption that expresses environmental values that we must use the moral imagination to understand. (shrink)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan (...) cannot justify using paradigm cases to expand the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the relevance of (...) resorting to civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation. (shrink)

I outline a new approach to the question of when civil disobedience is legitimate by drawing on insights from the epistocracy literature. I argue that civil disobedience and epistocracy are similar in the sense that they both involve the idea that superior political judgment defeats majority authority, because this can lead to correct, i.e. just, prudent or morally right, political decisions. By reflecting on the question of when superior political judgment defeats majority authority in the epistocracy (...) case, I identify considerations that also apply to the disobedience context. I conclude that disobedience in protest of law X performed by agents who know that X is wrong is legitimate when: 1) it is not reasonably disputable that the civil dissenter knows that X is wrong 2) the adoption of X is a high-stakes political decision and 3) no destabilizing effects ensue. (shrink)

The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other grass-roots activists, (...) Snowden has in fact articulated a powerful defense of why he was morally obligated to engage in politically motivated law-breaking. He has also undertaken impressive efforts to explain how his actions are distinguishable from ordinary criminality, and why they need not culminate in reckless lawlessness. In fact, his example can perhaps help us advance liberal and democratic ideas about civil disobedience. First, it highlights sound reasons why, pace the orthodox view, the acceptance of punishment by those engaging in civil disobedience should not be seen as a precondition of its legitimacy. Second, Snowden reminds us that ours is an era in which intensified globalization processes directly shape every feature of political existence. Defenders of civil disobedience need to update their reflections accordingly. (shrink)

In most discussions of civil disobedience, certain characteristics are offered as essential to an act of justifiable civil disobedience, or sometimes to any act of civil disobedience. Among these one of the most frequently mentioned is nonviolence. Some thinkers, like Bedau and Wasserstrom, require an act to be nonviolent before they will even count it as an act of civil disobedience; the very concept for them includes the notion of nonviolence. Others, like (...) Stuart Brown, Rex Martin and Michael Bayles, admit the possibility of a violent act of civil disobedience; but hold that, though nonviolent civil disobedience is justifiable, violent civil disobedience is not justifiable. (shrink)

According to current definitions of civil disobedience, drawn from the work of John Rawls and Carl Cohen, eco-saboteurs are not civil disobedients because their disobedience is not a form of address and/or does not appeal to the public's sense of justice or human welfare. But this definition also excludes disobedience by a wide range of groups, from labor activists to hunt saboteurs, either because they are obstructionist or because they address moral concerns other than justice (...) or the public weal. However earlier definitions of civil disobedience were not so narrow. I review the development of the current definition and the circumstances of its acceptance. I argue that the circumstances which help to explain the attractiveness of the Rawls/Cohen formulations in the 1970s are no longer applicable and that the question of civil disobedience should be revisited. I suggest a wider definition according to which at least some types of eco-sabotage would be civil disobedience. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series (...) represents diverse traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)