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Civil Disobedience

The Philosophy and Practice of Principled Resistance

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Defining Civil Disobedience

Core Principle

Civil disobedience is characterized by the active and principled refusal of a citizen to comply with certain laws, demands, orders, or commands issued by a government or other authority. It is fundamentally an act of protest against perceived injustice or illegitimacy within the legal or political system.

The 'Civil' Aspect

While the term can encompass various forms of dissent, a key distinction often made is that true civil disobedience must be non-violent. This non-violent approach is crucial, distinguishing it from outright rebellion or criminal acts driven by personal gain. It aims to engage with, rather than destroy, the existing legal framework.

Historical Roots

The concept has ancient roots, notably depicted in Sophocles' play Antigone, where the protagonist defies King Creon's decree based on her conscience. Philosophers like Étienne de La Boétie theorized non-cooperation, and Henry David Thoreau's essay "Resistance to Civil Government" (later titled "Civil Disobedience") popularized the term in the United States, influencing subsequent movements.

A Legacy of Resistance

Early Manifestations

Ancient examples include Antigone's defiance of Creon's law in favor of divine or moral law. In the lead-up to Britain's Glorious Revolution, a method of voicing objection to illegitimate laws and accepting consequences emerged. Conrad Grebel and the Anabaptists also advocated for civil disobedience against oppression.

Modern Movements

The 19th century saw figures like Susan B. Anthony employing civil disobedience for women's suffrage. In the 20th century, Mahatma Gandhi's campaigns for Indian independence, utilizing Satyagraha, and Martin Luther King Jr.'s leadership in the American Civil Rights Movement, are seminal examples of large-scale, impactful civil disobedience.

  • Irish Land War (1880s): Charles Stewart Parnell's call for social ostracism against those taking evicted tenants' farms led to the term "boycott."
  • Egyptian Revolution (1919): Saad Zaghloul Pasha led a mass movement of civil disobedience against British colonial rule.
  • Anti-Apartheid Movement (South Africa): Non-violent resistance was a core strategy against the apartheid regime.
  • Velvet Revolution (Czechoslovakia, 1989): Mass protests and civil disobedience led to the downfall of the communist regime.
  • Arab Spring (2010s): Various nations saw widespread protests and civil disobedience challenging authoritarian governments.

Philosophical Influence

Thoreau's essay, published posthumously, articulated the moral responsibility of citizens to resist unjust laws, even if they are majority-supported. Gandhi adapted these ideas into his philosophy of Satyagraha (truth force), emphasizing non-violent resistance as a powerful tool for social and political change.

Theoretical Frameworks

Thoreau's Conscience

Henry David Thoreau argued that individuals have a moral obligation to follow their conscience over unjust laws. He believed that citizens should not passively support government actions they deem immoral, such as slavery or unjust wars, even if it means breaking the law and accepting punishment.

Rawls and Political Acts

John Rawls defined civil disobedience as a "public, non-violent, conscientious yet political act contrary to law usually done with the aim of bringing about change in the law or policies of the government." He emphasized its role in maintaining social stability while addressing injustices.

Ronald Dworkin categorized civil disobedience into three types:

  • Integrity-based: Disobeying laws deemed immoral (e.g., abolitionists against fugitive slave laws).
  • Justice-based: Disobeying to claim a right denied to them (e.g., civil rights protesters).
  • Policy-based: Breaking laws to change policies perceived as dangerously wrong.

Communicative Aspects

Kimberley Brownlee suggests that civil disobedience is a form of moral dialogue with the state. It aims to communicate a grievance and persuade authorities and the public, often by highlighting the conflict between a law and fundamental moral principles.

Tactics and Strategies

Direct vs. Indirect

Direct civil disobedience involves breaking the specific law being protested (e.g., refusing to pay a tax deemed unjust). Indirect civil disobedience involves breaking a different law to protest a broader policy or injustice, often to draw attention or create a dilemma for authorities.

Symbolic Actions

Many acts are symbolic, designed to raise awareness and provoke discussion. These can range from peaceful demonstrations, sit-ins, and boycotts to more disruptive actions like blockades or occupying public spaces. The goal is often to highlight the perceived injustice and create a "response dilemma" for authorities.

Electronic Disobedience

In the digital age, electronic civil disobedience has emerged, including website defacements, denial-of-service attacks, and data leaks. These actions, often performed openly by self-identified activists (hacktivism), aim to disrupt systems and gain media attention for a cause.

Societal and Legal Responses

Legal Consequences

Engaging in civil disobedience inherently involves breaking laws and thus carries the risk of arrest, prosecution, and punishment. The legal system typically views the motive as secondary to the act itself; while motives may be admirable, the intent to break the law remains criminal.

Protester's Stance

Activists must decide how to respond to legal proceedings. Some choose to plead guilty and accept punishment, viewing it as part of the protest and a demonstration of respect for the rule of law. Others may plead not guilty or use the trial as a platform to further their cause, sometimes seeking jury nullification.

  • Pleading Guilty: Submitting to punishment willingly, emphasizing the moral imperative of the act.
  • Pleading Not Guilty: Using the trial to argue the injustice of the law or the necessity of the action.
  • Creative Pleas: Statements that express defiance or moral conviction rather than a standard plea.
  • Technical Defenses: Focusing on legal technicalities to avoid conviction.

Social Repercussions

Beyond legal penalties, civil disobedients may face social consequences, including expulsion from educational institutions, estrangement from family, or difficulty in future employment. These social sanctions can serve as deterrents or further highlight the societal divisions caused by the protest.

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References

References

  1.  Jack Greene, "Empire and Identity from the Glorious Revolution to the American Revolution", in P.J. Marshal, ed., Oxford History of the British Empire, vol. 2 (Oxford University Press, 2001), 208–30
  2.  Greene, Jack. Negotiated Authorities: Essays in Colonial Political and Constitutional History (Charlottesville: Univ. Press of VA, 1994).
  3.  Thomas Weber, Gandhi as Disciple and Mentor, Cambridge University Press, 2004, pp. 28–29.
  4.  "The Higher Law", in Its Application to the Fugitive Slave Bill: ... by John Newell and John Chase Lord (1851)
  5.  The Limits of Civil Disobedience: A Sermon ..., by Nathaniel Hall (1851)
  6.  The Duty and Limitations of Civil Disobedience: A Discourse, by Samuel Colcord Bartlett (1853)
  7.  Letter to P.K. Rao, Servants of India Society, 10 September 1935, Letter quoted in Louis Fischer's, The Life of Mahatma Gandhi, Part I, Chapter 11, pp. 87–88.
  8.  Howard Zinn, Disobedience and Democracy: Nine Fallacies on Law and Order (South End Press edition, 2002), 39–41
  9.  Thoreau, Henry David. Civil Disobedience.
  10.  United States of America v. Norma Burgos-Andjar, 275 F.3d 23.
  11.  18 U.S.C. Â§ 3553
A full list of references for this article are available at the Civil disobedience Wikipedia page

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Important Notice

This content has been generated by an AI model for educational purposes, drawing upon publicly available data. While efforts have been made to ensure accuracy and adherence to the source material, it is intended as an academic overview and not as a definitive legal or philosophical treatise.

This is not legal advice. The information presented here is for informational and educational purposes only and does not constitute legal counsel. Readers should consult with qualified legal professionals for advice regarding specific situations or legal matters.

The creators of this page are not responsible for any errors, omissions, or for any actions taken based on the information provided herein.