Blackwell Reference Online

Extract

P olitical philosophy , philosophy of law Activity engaged in openly but deliberately against the law in order to express some conscientious and deeply held convictions in the hope of changing perceived injustices in the law and government policies. The laws broken need not be the laws against which protest is raised. Civil disobedience must be distinguished from militant actions and organized forcible resistance. As a mode of address or protest for a vital social purpose, civil disobedience generally occurs in a well-ordered, democratic society and against a constitutional regime. The activity itself is in violation of law, but it is performed by people who accept the basic principles of a democratic society. Problems arise regarding questions such as the grounds on which these acts can be justified and how the legal systems might legitimately respond to them. The discussion of civil disobedience is closely related to the question of political obligation. “I shall begin by defining civil disobedience as a public, non-violent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government.” Rawls, A Theory of Justice ... log in or subscribe to read full text