Civil Disobedience 2
Published on Nov 18, 2015
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Civil Disobedience 2
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Rawls' account:
- public, nonviolent,
- conscientious,
- designed to change law or policy
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Comparing Bentley...
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Bentley Questions
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Revolutionary?
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Must the state be involved?
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‘…the key question is neither violence nor non-violence, neither legality, nor illegality; it is disruption. Popular movements are engaged in civil disobedience whenever they recognise the society's dependence on their co-operation... and actively disrupt its smooth functioning. ... It is the way in which progress is made.’ (R Seymour The Guardian 20 August 2012)
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Conscientious objection
- Personal refusal to follow a law
- Direct
- Not necessarily deliberate
- Not necessarily motivated by desire for change
- Not necessarily communicative
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Dr Munjed Al Muderis
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Ethical Question:
In what circumstances might it be ethical to disobey the law?
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Assumes:
- There is a duty to obey the law
- This duty may be overridden
- Duty to justice, social contract, group?
- Civil d is different to law breaking
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Mindless lawbreaking?
‘Conscientious disobedience is no different from lawlessness’
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‘They are anarchists. They don’t respect people’s property, they don’t respect people’s rights. They don’t respect the law of the land. They go out deliberately to break the law.’
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(The Hon. Ian MacFarlane on coal seam gas protesters)
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A strict view
- Where there is access to political participation
- ....civil disobedience is not justifiable
- The legislature is in a better position to evaluate
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Justifying civil disobedience
- Humanism – honor human dignity of the dissenter
- Social value – improving the law
- Civil disobedience can be responsible comment
- ...
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Should cases of civil disobedience be treated differently by law than ordinary unlawful behaviour?
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'Sometimes courts ought to decide cases not according to the law but against it. Civil disobedience... may be the only morally acceptable course of action for the courts' (Raz 1994: 328)
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Trident ploughshares
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