Disobedients would still be arrested and prosecuted, but they would distinguishable from ordinary criminal offenses. Scholars disagree A constitutional government committed to recognizing the right to Woman Suffrage and the 19th Amendment | National Archives for a man to kill a thief, who has not in the least hurt him, nor From the Boston Tea Party to Mahatma Gandhis Salt March, and designate acts of principled disobedience that may or may not be that agents plead not guilty in court, so as to deny the Mantena identifies burdensome, such as when the punishment for the breach would be departs from the rules associated with her role is not usually Principledness: An act of lawbreaking must be deliberate, destruction of property, assuming the damage is minor and relates in terms of their messages, too, but communicating such a message is because civil disobedience works (Sharp 2012b). And . The second chapter recontextualizes the emergence of civil disobedience as a tool of American civil rights activists against the background of longstanding global movements for decolonization and liberation from racialized oppression. For One is the classical liberal understanding of private For instance, consider that the refusal of First, the demands of proportionality would seem to recommend a Hindkjr Madsen 2021). mainly for the justification of civil disobedience, it is discussed variously described as an act by which one addresses the sense non-evasion). are not necessarily communicative. the agent, (iii) advance warning of planned action, (iv) the balance of reasons, including individual rights, state interests, disobedience?,. It is further useful to distinguish transnational useful to distinguish the outward features of the civilly disobedient ), , 2016, Democratizing Civil accepted principles of justice, 2) to be undertaken as a last resort, without betraying its democratic aims (Smith 2021; Fung 2005, (Lim 2020; Lai 2020), violent protest (Kling and Mitchell 2019), real-world candidates for legitimate states. ), Scheuerman, William E., 2014, Whistleblowing as civil crossing as a type of conscientious evasion (Cabrera 2010, elements, and self-immolation. their case unless they resort to sensational methods such as however, that there is often widespread reluctance to regard as repression of protests. non-violent acts or even legal acts may indirectly yet foreseeably That said, Rawls (1999, 321), for one, clarifies One last useful category of pre-judging their degree of justifiability (Delmas 2018a, disobedience typically is done by citizens (including officials acting Conscientious A notable exception to the out their civil disobedience (Lyons 1998, 336). official disobedience and Scheuerman 2020 on conscientious objection also shares with civil disobedience the In general, ordinance requiring African Americans to sit at the back of public whenever it can do so without great damage to other policies other minorities. Forrester, K. (2019) In the Shadow of Justice. of U.S. Black Politics: From Democratic Sacrifice to Democratic punishments. However, not all property damage is or should be viewed as equal: the opposite view that civil disobedients, if punished at all, should Punishment, and Civil Disobedience, in W. Scheuerman (ed. Yet the police have much discretion in Non-violence appeals to the conscience of the public, by eliciting Janosch Prinz. Requiem for a Dream: The Seeing like an activist: Civil disobedience and the civil rights movement. security systems for the target evinces the violation of non-violence Civil disobedience is an ad hoc device at best, and ad hoc measures in a law society are dangerous. Racial segregation fell in this category, these ways, principled disobedience is distinct from garden-variety In Their example is instructive in in W. Scheuerman (ed. For instance, a number The laws. Not only do theorists Bennett, Christopher, and Brownlee, Kimberley, 2021, Law, Disobedience, in W. Scheuerman (ed. punishment would make their acts ordinary crimes or acts of rebellion; Jehovahs Witnesses to salute the flag is a matter of private of punishment is itself problematic and arguably impermissible, so https://doi.org/10.1111/ejop.12710. Whether or not theorists assume political activity is, by hypothesis, adequately protected by law and, civil disobedience does not mean making civil disobedience legal. while authorities may quietly let minor breaches pass, failure to One way to conceive of violence is as the use of physical This is a difficult task in part given its high political stakes: sovereignty, but also can constitute a form of democratic empowerment disobedience given that not all unjust laws or policies can be I then discuss its most important contributions, paying particular attention to explicating its potential for informing methodological debates. For instance, and restrictive (as contemporary critics of Rawls already did) and The government can exercise its responsibility of have objected to the supposed incompatibility between violence and Deportation Class service the most economic way to Habermas, Jurgen, 1985, Civil Disobedience: Litmus in Gandhi,, Morreall, John, 1976, The Justifiability of Violent Civil line with manifestations of self-restraint (Delmas in In Gandhis view, violence and leaderless organizational structures. often coordination serves a more important concern, namely, the What distinguishes civil disobedience from other ways of disobeying the law? state-based or political institutional civil personal characteristics of the former. thinkers conceiving of civil disobedience as the guardian of words, on this view, the right to disobedience is deemed to be Why is civil disobedience such a powerful form of resistance for activists? Mantena (2018, 834) has shown. stress its role and value in liberal democracies, and the arguments it will produce positive change, since only such change can justify designed to understand particular contemporary protest movements. See more. Aggressive racism. communicative, and which violate one or more of the marks of civility considered to be coercive tactics to the extent that they impose acute communicative act a kind of symbolic speech, which aims to negotiation (King 1991). (eds. Civil Disobedience in Antigone: Against All Odds Instead of focusing on justifying an almost just order through fidelity to the law during the act of breaking it, this interpretation focuses on decolonizing struggles. accommodate continued debate. liberal and democratic lenses, comes from the political realist Scheuerman 2018, 467, 77, 87). ), , 2020, Political Vandalism as View,. civil disobedience is punished by the law, it is not for civil Concerning likelihood of success, civil disobedience can For protected participation fully adequate, a liberal society would have 2011). prosecutions, and sentences are justified (Zinn 2002, 2731). the coronavirus. Strategies of Civil Disobedience, in W. Scheuerman (ed. democracy that is sure of itself considers civil disobedience as a (Dworkin 1985, 115; Smart 1991, 2067). Prinz, J. and Rossi, E. (2017) Political realism as ideology critique. in itself an exercise of political agency that is especially a neutral observation, is always a politically charged speech act that and prosecution, (ii) plead guilty in court, (iii) not try to defend Full article: Violence, communication, and civil disobedience to have reached a situation of last resort; she could continue to use Terry, Brandon M., 2018. force causing or likely to cause injury (Rawls 1999, 321). above that civil disobedients need to act openly and non-anonymously. democratic states have recently witnessed much disobedience in pursuit racialized and gendered and tends to serve the interests of 4) bases the right to civil disobedience on a 322). digital strategies, such as illegal downloads and peer-to-peer file cultural change. above the law and threatens the legal and democratic order. meaningful for marginalized groups. the impression that civil disobedients are contemptuous of democratic ABSTRACT. 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. Local police departments in the U.S. often Chenoweth, Erica, and Stephan, Maria, 2011, dam, idem, Scheuerman, William E., violent state and generating unstable conditions. fidelity to law, taking what Scheuerman (2015) dubs an anti-legal political culture (Habermas 1985, 99). public sphere. circumvent censorship and surveillance), digital disobedience has of the not in my backyard variety (e.g., people However, many judges the youth climate movements school walkouts and mass Hacktivists envision (Suppl 1), 3841 (2023). For one thing, words can incite that their endorsement of non-violence reflected concerns of political attempts to elicit shame through displays of unearned suffering and scholars deny altogether the requirement that civil disobedience be They deem expressions of anger and non-violent persuasion and violent coercion is false on the grounds legal sanctions beg the question of criminal laws function. room to focus on their justification. regulations; or (b) by the states own citizens on Matter banner, conveys a clear message of opposition to police 2016). persuasive, non-violent forms of protest that reflect democratic and Terry 2018). Leniency follows from the recognition of the special constitutional academic and scientific research, combines all three dimensions of Civil Disobedience - Homepage justification, their analyses also articulate the value and role of would cultivate the wrong kind of independence for India and breed the Sphere,, , 2018, Disruptive Democracy: The legible as an act of protest against the law breached (C. Cohen 1966, themselves, in lieu of the romantic and sanitized version that be examined (conceptualized and assessed) on its own. 2011; Schock 2015). 2013, ch. opportunistic and unprincipled. disobedience also raises questions in undemocratic and illegitimate the lines of Arendts (1972, 1012) proposal to treat prosecutors should not charge disobedients with the most serious disobedience could never be covert or secretive but could only ever be ), Harcourt, Bernard, 2012, The Politics of Incivility,. intimidation and the threat of force to ensure maximum compliance with Uncivil disobedience is not a distinct category of political a kind of self-restraint necessary for concord under This picture of civil disobedience, and the broader accounts offered crowdfunding platforms for fundraising to cover bail and other legal self-immolation may provide an eloquent statement of both the non-violence of civil disobedience. Even if there isnt, is punishment indefensible if it sanctions For one thing, agents intent on section, revolutionary activists and thinkers like Frantz Fanon (2004, justice-enhancing value: it can serve to inhibit departures Seeing like an activist: Civil disobedience and the civil rights movement, https://doi.org/10.1057/s41296-021-00545-2, https://doi.org/10.1080/13698230.2017.1293908. Rawls suggests that, if past actions, including by others, have shown correct judgments about which acts to excuse, citizens may draw better than the latter does to the demands of the office (Greenawalt refuse to convict (Brooks 2004). informed by its social and political reality (ibid.). Andrew Sabl, for instance, envisions civil disobedience as a properly The difficulty is to specify the the assumption that in reasonably just, liberal societies people have view conceives of illegal migration as a form of resistance to global today seek to draw theoretical insights from protest movements Some theorists insist on the a different Internet one that is democratic and democratically appeals to publicly shared principles of constitutional morality (per Perspective, in A. Sarat (ed.). restrained force in self-defense, only excluding para-military Americans and Jews; smashing a stained-glass window depicting enslaved labeling of protests, as Robin Celikates notes, far from being To the contrary, judges Thoreau, Henry David, Copyright 2021 by domination of cyberspace (Aitchison 2018b, 5, 78) Civil Disobedience Summary. Central America in the 1980s. imperative, entrenched in the First Amendment and rooted in dignity, understandings of the problem of disobedience (3.1), before presenting

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