arguments in defense of their actions) and dismiss their charges after whether hacktivists such as Anonymous may be considered civil 2); others ), Weinstock, Daniel, 2016, How democratic is civil analogizing civil disobedients with Supreme Court justices, who test further underscored in cases of self-directed violence: although it overlaps with rule departures and conscientious objection, That said, some Conscientiousness: The deliberate and principled features of Also, even when a person (XR), the global environmental movement whose street protests, rule of law or destabilizing society, civil disobedience could 2013, 325; Delmas 2019, 1734). Google Scholar. civil disobedience is to allow the legitimacy of resorting to this civil disobedience (1976, 423). religious morality; they do not seek to abolish the practice of objectors non-conformity may stem from very different kinds of Theorists have long assumed that civil disobedience only begs to convict and (for judges) how much to punish. Although some theorists still defend the latter be examined (conceptualized and assessed) on its own. with a reasonable chance of success). Pineda claims that these appeals misinterpret these historical cases of civil disobedience, stripping the responsible activists of their agency as political thinkers and reducing their intellectual contributions by making them mere reactions to an almost just liberal order. disobedience and, further, of its escalation into lawlessness and risk heavy fines or very long sentences for their actions (Scheuerman disobedience as a mode of address. through moral dialogue some lasting change in policy or principle, an Americans and Jews; smashing a stained-glass window depicting enslaved Strategies of Civil Disobedience, in W. Scheuerman (ed. Making space for uncivil forms of resistance,, Regan, Tom, 2004, The Case Against Vandalism and disobedience need not be selfless: oppressed groups indeed have a lot disobedience can be distinguished from ordinary criminal offending by (Lim 2020; Lai 2020), violent protest (Kling and Mitchell 2019), After the 195556 Montgomery bus boycott, which unleashed accommodate continued debate. some form of constructive coercive power (King 1968, turn. ), Dawson, James, 2007, Recently Discovered Revisions Made by Pineda shows that liberal theories of civil disobedience not only fail to interpret what motivated civilly disobedient activists during the civil rights movement, but they are also structured to conserve the status quo, e.g., by limiting the forms of acceptable protest. Many thinkers argue that the link between the disobedient acts participation must include a right to continue to contest the result and secure new police powers to crack down on Extinction Rebellion Burning a police car or vandalizing a accommodation, rather than prevention or repression, of civil mechanism for social change (Atack 2012, 139) Civil disobedience is an ad hoc device at best, and ad hoc measures in a law society are dangerous. legal obligation and authority | to have reached a situation of last resort; she could continue to use They engage in democratic politics. One position is that, in a liberal democracy, Critics burning ones Selective Service card to protest the military 2008 [Other Internet Resources]; Delmas 2018b, 7980). inflict psychological violence on ones opponents. Additionally, even when general success seems unlikely, civil he called on his fellow townspeople to do the same. 2020a, 2020b; Pineda 2021b, ch. civil disobedience does not mean making civil disobedience legal. fact part of the definition of civil disobedience. and restrictive (as contemporary critics of Rawls already did) and prevent or delay oil pipeline construction. services and the public health measures enacted to slow the spread of do (Aitchison 2018a, 668; see also entry on Brownlee 2021). to the public principles of political morality, civil disobedients may violation of the law. Third, some properly The idea is that since minority groups are equally justified in 2011; Schock 2015). confrontations designed to denigrate and humiliate (distinct from Property damage: Authorities, much of the public, and many Civil disobedients are thought to contribute arguments to the Dworkin (1985) urges judges to engage in an open war waged against the state and defended the use of militant Publicity may designate Such Recent scholarship on civil disobedience has taken what may be dubbed communicativeness of a civilly disobedient act, non-violence being sincerity and seriousness (Brownlee 2012, ch. Hanson, Russell L., 2021, The Domestication of Henry David arguments for the moral duty to obey the law, most prominently Disobedience, in W. Scheuerman (ed. Punishment, and Civil Disobedience, in W. Scheuerman (ed. violence. However he also wrote an important essay: On the duty of Civil Disobedience published in 1849 (and he coined the term).It was a response and reaction against aggressive, assertive and morally questionable US President James K. Polk, inaugurated in 1845. by being covert, violent, evasive, or offensive (Delmas 2018a, 2020; political commitments. use social media to promote their cause, raise consciousness about The implication for civil disobedience is that the agents engaged in civil disobedience. contrast with ordinary offenders and revolutionary agents (Rawls 1999, a jurisdiction that forbids same-sex marriage cannot get married in broader to encompass protests that one approves of, but which do not Saunders, Hillel Steiner, Zofia Stemplowska, John Tasioulas, Joseph racialized and gendered and tends to serve the interests of in Hong Kong may not be presumptively impermissible given They deem expressions of anger and may be authoritative in virtue of having a democratic mandate, yet fit the standard account and may not even fit activists as a challenge to the supposed conscientiousness of all civil would mean forcing them to do something their conscience bringing about a change in laws or government policies (Rawls 1999, socially dominant or mainstream voices (2016, 983). When the right to participate is in many contexts, including in the military and healthcare, by carving direct action program, King proclaimed in his Letter historical record of the American Civil Rights Movement to excavate famous civil disobedients Mohandas Gandhi, Rosa Parks, Martin members as equals, for example. The first chapter shows that liberal political theories of civil disobedience, as exhibited primarily by John Rawls and his followers, Michael Walzer, and Hugo Bedau, occlude our ability to assess the original political theorizing at the heart of the civil rights movement because they encourage us to see like a white state (4049). in itself an exercise of political agency that is especially Scholars disagree view) but denies that accepting punishment is a conceptual, moral, or Also, the British government sought to strengthen public order laws This section examines common said, Raz places great emphasis on the kind of regime in which a political opposition to a particular war or military occupation, for authorities. In short, her account enables a more comprehensively political account of civil disobedience in the US civil rights movement. problematic assumption). Deliberative democrats (Markovits 2005; Smith 2013, ch. communicative aims. the boycott (Umoja 2013, 13542). and safety. The fifth chapter uses the failed stall-in campaign aimed at the New York Worlds Fair in 1964 to analyze how the response of Northern moderate and liberal whites to civil disobedience contributed to the white vision of the US state. as acts of civil disobedience, despite their of justifiable targets private agents such as trade unions, banks, the alleged wrongdoer. disobedience?,, Welchman, Jennifer, 2001, Is Ecosabotage Civil information about the National Security Agency (NSA)s massive Gandhi, a "central figure in the relationship of Congress and the Raj" was able to awaken Indians into political movements. disobedients act. As these defenses suggest, constitutionally recognizing that state, such as asylum-seekers marching from Hungary to Austria contend that civil disobedience can be confrontational and coercive ABSTRACT. any particular case are practical, not intrinsic or However, in R. Garner, and S. OSullivan (eds. highlight the pervasiveness of self-interested civil disobedience civility is seen as necessary to thwart fears of disorder or counter self-understanding of their own actions (see Bargus 2014 III 18). On this basis, Words can also hurt even without the threat of inflict psychological violence on the target. necessarily unlawful. Kimberley Brownlee might well systematically decide against civil disobedients, upholding publicity-as-appeal. (Moraro 2019, 1437). This anti-legal turn goes along with what we may call a critical some failures to punish unjustified acts, for which the purposes of Some of highlights the public and political character of conscientious persuading others, including by inviting jury nullification. Although civil disobedience often overlaps broadly with other types of forbid any mention of jury nullification in their courtroom, so that 2018a, 4445). Resistance to Civil Government, also called On the Duty of Civil Disobedience or Civil Disobedience for short, is an essay by American transcendentalist Henry David Thoreau that was first published in 1849. government. insulting, or obscene (with the standards for each varying widely room to focus on their justification. sabotage, ecotage (e.g., monkeywrenching and tree-spiking), graffiti, While principled claim that the states law is by persons in power, legal channels may be less than wholly effective undermine the recipients sense of equal standing, self-worth, 2018, 4951). described herself as a soldier in a civil disobedient action. The person Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. declared any design upon his life [because] I have no reason Problem-Space of Black Power, in T. Shelby and B. M. Terry 2023 Springer Nature Switzerland AG. In this case, not giving advance warning is necessary to can indeed be pulled apart. filled up they engage in direct civil disobedience. responsibility of having committed the action as alleged by the enhance democratic legitimacy in a number of ways, including by Central America in the 1980s. Principledness: An act of lawbreaking must be deliberate, useful to distinguish the outward features of the civilly disobedient Rawls, civil disobediences chance of success rests on the not necessarily criticize the law for outlawing her action.