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Civil disobedience is exclusively defined as violent resistance against government authority.
Answer: False
The established understanding of civil disobedience typically involves the deliberate refusal to obey laws or governmental demands, often characterized by nonviolence. Defining it exclusively as violent resistance misrepresents its core principles.
John Rawls described civil disobedience as a secret, violent act aimed at overthrowing the government.
Answer: False
John Rawls, in 'A Theory of Justice,' defined civil disobedience as a public, non-violent, conscientious, and political act of deliberate lawbreaking. His description explicitly contrasts with secret or violent actions.
Civil disobedience is legally distinct from insubordination, with civil disobedience specifically targeting laws or government authority.
Answer: True
Civil disobedience is distinct from insubordination. While both involve disobedience, civil disobedience specifically targets laws or governmental authority, often with a moral or political objective. Insubordination typically refers to willful disobedience within a hierarchical structure, such as the military or workplace.
What is the fundamental definition of civil disobedience as presented in the text?
Answer: The active and deliberate refusal of a citizen to obey specific laws or demands from authority, often nonviolently.
The fundamental definition of civil disobedience involves the active and deliberate refusal of a citizen to obey specific laws or demands from authority, often conducted nonviolently, serving as a form of protest or resistance.
According to John Rawls, civil disobedience is characterized as:
Answer: A public, non-violent, conscientious, and political act of deliberate lawbreaking.
According to John Rawls, civil disobedience is characterized as a public, non-violent, conscientious, and political act of deliberate lawbreaking, typically aimed at prompting a change in laws or policies.
Henry David Thoreau's essay 'Civil Disobedience' was first published in 1849 under that exact title.
Answer: False
Henry David Thoreau's seminal essay was initially published in 1849 as 'Resistance to Civil Government.' It was later retitled 'Civil Disobedience' for posthumous publication, popularizing the term.
Sophocles' play 'Antigone' provides an early literary example of civil disobedience, where Antigone defies a king's order based on her conscience.
Answer: True
Sophocles' tragedy 'Antigone' presents a foundational literary instance of civil disobedience. Antigone's refusal to obey King Creon's decree regarding the burial of her brother, citing a higher moral law, exemplifies the conflict between state authority and individual conscience.
Who is credited with popularizing the term 'civil disobedience' in the United States through his writings?
Answer: Henry David Thoreau
Henry David Thoreau is widely credited with popularizing the term 'civil disobedience' in the United States through his influential essay, originally titled 'Resistance to Civil Government,' which later became known as 'Civil Disobedience'.
In which ancient Greek play is an early depiction of civil disobedience found?
Answer: Antigone
An early literary depiction of civil disobedience is found in Sophocles' ancient Greek play 'Antigone,' where the protagonist defies royal decree based on moral conviction.
What was the primary argument Henry David Thoreau made in his essay 'Civil Disobedience'?
Answer: Citizens have a moral responsibility for their support of aggressors, even when mandated by law, and should prioritize individual conscience.
Henry David Thoreau's primary argument in 'Civil Disobedience' was that individuals possess a moral responsibility to prioritize their conscience over unjust laws or governmental mandates. He contended that citizens should not passively support actions they deem immoral, even if sanctioned by the state.
The debate surrounding civil disobedience includes whether it must be non-violent. Which figure, mentioned in the text, supported John Brown's armed insurrection, challenging a strict non-violent requirement?
Answer: Henry David Thoreau
Henry David Thoreau, a proponent of civil disobedience, expressed support for John Brown's armed insurrection, indicating a perspective that challenged the strict requirement of non-violence in all forms of civil disobedience.
The English Midland Enlightenment's approach to objecting to laws involved:
Answer: Accepting legal consequences, such as imprisonment, for refusing to swear allegiance.
The English Midland Enlightenment's approach to objecting to laws involved accepting legal consequences, such as imprisonment, for refusing to swear allegiance to perceived illegitimate authority, thereby challenging the legitimacy of human-made laws.
Mahatma Gandhi stated that his concept of civil disobedience was directly inspired by reading Henry David Thoreau's essay.
Answer: False
Mahatma Gandhi indicated that while he later used Thoreau's essay to articulate his movement's principles to an English audience, his concept of civil disobedience, or 'Satyagraha,' developed independently during his activism in South Africa prior to encountering Thoreau's work.
Martin Luther King Jr. viewed civil disobedience as a sign of disrespect for the legal system.
Answer: False
Martin Luther King Jr. articulated that civil disobedience, particularly the act of breaking an unjust law, was a demonstration of profound respect for the law. He believed that by willingly accepting the penalty, one aroused the community's conscience regarding the injustice.
Mahatma Gandhi stated he would 'cheerfully' accept the highest penalty for his actions, viewing it as a citizen's duty.
Answer: True
Mahatma Gandhi expressed a willingness to 'cheerfully' accept the highest penalty for his actions, framing it not as a consequence of guilt but as a duty of citizenship when acting upon conscience against unjust laws.
The 'Salt March' led by Gandhi was an act of civil disobedience protesting British salt laws.
Answer: True
The 'Salt March,' led by Mahatma Gandhi in 1930, was a pivotal act of civil disobedience where participants marched to the sea to illegally produce salt, protesting the British monopoly and tax on this essential commodity.
Which of the following activists is NOT explicitly mentioned in the source as having utilized forms of civil disobedience?
Answer: Nelson Mandela
While figures like Susan B. Anthony, Mahatma Gandhi, and Martin Luther King Jr. are cited for their use of civil disobedience, Nelson Mandela is not explicitly mentioned in this context within the provided source material.
How did Martin Luther King Jr. view the act of breaking an unjust law as part of civil disobedience?
Answer: As a demonstration of reverence for the law, intended to arouse the community's conscience.
Martin Luther King Jr. viewed breaking an unjust law as a demonstration of reverence for the law itself. He believed that by willingly accepting the penalty, one could effectively arouse the conscience of the community to address the underlying injustice.
What is 'Satyagraha', as associated with Mahatma Gandhi?
Answer: A term for truth force or holding firmly to the truth, used in nonviolent resistance.
'Satyagraha,' a term coined by Mahatma Gandhi, translates to 'truth force' or 'holding firmly to the truth.' It represents a philosophy and practice of nonviolent resistance and civil disobedience.
Which historical event, led by Gandhi, involved marching to the sea to make salt illegally as an act of civil disobedience?
Answer: The Salt March
The 'Salt March,' led by Mahatma Gandhi in 1930, was a pivotal act of civil disobedience where participants marched to the sea to illegally produce salt, protesting the British monopoly and tax on this essential commodity.
According to the text, what was the Egyptian nationalist movement led by Saad Zaghloul Pasha primarily protesting against?
Answer: British colonial rule and demanding independence.
The Egyptian nationalist movement, led by Saad Zaghloul Pasha, primarily protested against British colonial rule, advocating for Egypt's independence and the establishment of a constitutional government.
Ronald Dworkin categorized civil disobedience into types based on integrity, justice, and policy.
Answer: True
Ronald Dworkin proposed a categorization of civil disobedience into three primary types: integrity-based, justice-based, and policy-based, each reflecting different motivations and justifications for challenging laws.
Revolutionary civil disobedience aims to overthrow a government or enact significant societal changes.
Answer: True
Revolutionary civil disobedience is distinguished by its aim to fundamentally alter or overthrow existing governmental structures or enact sweeping societal transformations, contrasting with non-revolutionary forms that typically seek specific policy changes or law repeals.
Solitary civil disobedience is performed by groups acting together, while collective civil disobedience is done by individuals.
Answer: False
The distinction between solitary and collective civil disobedience lies in the number of participants. Collective disobedience involves coordinated action by groups, whereas solitary disobedience is undertaken by an individual acting alone.
'Electronic civil disobedience' involves actions such as website defacements and denial-of-service attacks.
Answer: True
Electronic civil disobedience encompasses a range of digital actions, including website defacements, denial-of-service attacks, data leaks, and virtual sabotage, often characterized by the perpetrators' open identification.
'Dilemma actions' are designed to force authorities into a response that makes them appear unreasonable.
Answer: True
'Dilemma actions' are a strategic form of civil disobedience intended to create a difficult choice for authorities, compelling them to react in a manner that exposes their perceived unreasonableness or heavy-handedness.
Direct civil disobedience involves violating a law that is not the primary target of the protest.
Answer: False
Direct civil disobedience involves violating the specific law that is the object of the protest. Indirect civil disobedience, conversely, involves breaking a law that is not the primary target, often to draw attention to a different issue or law.
The Irish 'Land War' saw the intensification of civil disobedience, famously leading to the coining of which term?
Answer: Boycott
The Irish 'Land War' witnessed intensified civil disobedience, notably leading to the coining of the term 'boycott' through the social and economic ostracism of Captain Charles Boycott.
Which of the following is NOT one of Ronald Dworkin's categories of civil disobedience?
Answer: Morality-based
Ronald Dworkin categorized civil disobedience into integrity-based, justice-based, and policy-based types. 'Morality-based' is not one of his explicitly listed categories.
Which of the following is an example of 'electronic civil disobedience'?
Answer: A website defacement or denial-of-service attack.
Electronic civil disobedience encompasses digital actions such as website defacements and denial-of-service attacks, distinguishing it from physical protests like sit-ins or marches.
What is the difference between direct and indirect civil disobedience?
Answer: Direct disobedience targets the law being broken; indirect disobedience targets a different law.
Direct civil disobedience involves violating the specific law that is the subject of protest, whereas indirect civil disobedience involves breaking a law that is not the primary target, often to draw attention to a different issue or law.
Civil disobedients engaging in illegal acts can expect to face no legal consequences.
Answer: False
Individuals who engage in civil disobedience, by definition involving illegal acts, must anticipate facing legal consequences. These typically include arrest, criminal charges, trial, and potential punishment, as the legal system generally focuses on intent rather than motive.
Al Sharpton advised that civil disobedients have legal immunity for their actions if their cause is just.
Answer: False
Al Sharpton cautioned civil disobedients against expecting legal immunity, emphasizing that their actions carry consequences regardless of the justice of their cause. He stressed that personal conviction should not preclude facing ordinary legal accountability.
It is generally recommended that civil disobedients speak to police investigators to explain their motives.
Answer: False
Legal and activist consensus generally advises against civil disobedients speaking with police investigators. Such communication is often deemed unhelpful and potentially detrimental to their legal position, as it may be used against them.
A 'political defense' in a trial focuses on legal loopholes to achieve acquittal.
Answer: False
A 'political defense' in a trial for civil disobedience aims to justify the defendant's actions based on their political or moral motivations, seeking to persuade the jury or judge of the righteousness of the cause. This contrasts with a 'technical defense,' which relies on legal errors or loopholes for acquittal.
Jury nullification occurs when a jury convicts a defendant despite believing the law is unjust.
Answer: False
Jury nullification is the act of a jury acquitting a defendant despite evidence of guilt, typically because the jurors disagree with the law itself or its application in that specific case. Convicting despite believing the law is unjust is the opposite of nullification.
Lord Hoffman, a British judge, believed that punishment for civil disobedients should primarily focus on retribution.
Answer: False
Lord Hoffman, a British judge, suggested that the primary consideration for judges when imposing punishment on civil disobedients should be utilitarian—whether the punishment would do more harm than good. Retribution was not presented as the primary focus.
Governments universally recognize the legitimacy of civil disobedience as a valid form of political expression.
Answer: False
Governments typically do not universally recognize the legitimacy of civil disobedience as a valid form of political expression. From a legal standpoint, the focus is often on criminal intent rather than the motive behind the act, meaning admirable objectives do not automatically excuse lawbreaking.
Courts have generally allowed defenses based on the illegality of war in civil disobedience cases.
Answer: False
Courts have generally been reluctant to allow defenses based on the illegality of war in civil disobedience cases, often classifying such challenges as 'political questions' outside their jurisdiction and thus not excusing the illegal acts.
The 'necessity defense' has been broadly accepted by courts for political acts of civil disobedience.
Answer: False
The 'necessity defense' has not been broadly accepted by courts for political acts of civil disobedience. Landmark cases have significantly limited its availability, often ruling that political motives do not supersede the established legal framework for such defenses.
'Allocution' in a trial allows a defendant to make a statement explaining their actions, which can sometimes lead to lighter sentences.
Answer: False
'Allocution' permits a defendant to address the court, typically before sentencing, to explain their actions, express their motivations, or convey defiance, without entering a formal plea. While it can offer an opportunity for mitigation, it does not guarantee lighter sentences and may sometimes lead to harsher ones if perceived negatively by the judge.
The Fully Informed Jury Association advocates for jurors to be unaware of their nullification prerogative.
Answer: False
The Fully Informed Jury Association actively advocates for jurors to be aware of and exercise their nullification prerogative. Their efforts aim to educate jurors about their rights, including the power to acquit based on disagreement with the law.
According to the source, what is the typical legal consequence anticipated by individuals engaging in civil disobedience?
Answer: Arrest, criminal charges, trial, and legal punishment.
Individuals engaging in civil disobedience, which involves the deliberate violation of laws, typically anticipate facing legal consequences such as arrest, criminal charges, trial, and potential punishment.
Al Sharpton advised civil disobedients that they should be prepared for:
Answer: The actions to have consequences and not expect legal immunity.
Al Sharpton cautioned civil disobedients against expecting legal immunity, emphasizing that their actions carry consequences regardless of the justice of their cause. He stressed that personal conviction should not preclude facing ordinary legal accountability.
In legal proceedings related to civil disobedience, what is the general consensus regarding speaking to criminal investigators?
Answer: It is generally agreed to be unhelpful and potentially harmful.
Legal and activist consensus generally advises against civil disobedients speaking with police investigators. Such communication is often deemed unhelpful and potentially detrimental to their legal position, as it may be used against them.
What is the primary difference between a 'technical defense' and a 'political defense' in a civil disobedience trial?
Answer: A technical defense seeks acquittal based on legal errors or loopholes, while a political defense addresses the political motivations behind the act.
A 'technical defense' seeks acquittal by focusing on legal errors or procedural loopholes, whereas a 'political defense' addresses the underlying political or moral motivations behind the act of civil disobedience, aiming to justify it.
Jury nullification refers to a jury's decision to:
Answer: Acquit a defendant despite evidence of guilt, often due to disagreement with the law.
Jury nullification is the act of a jury acquitting a defendant despite evidence of guilt, typically because the jurors disagree with the law itself or its application in that specific case.
According to Lord Hoffman, what is a key consideration for judges when deciding punishment for civil disobedients?
Answer: Whether the punishment would do more harm than good, based on utilitarian grounds.
Lord Hoffman emphasized that a key consideration for judges in sentencing civil disobedients is a utilitarian assessment: whether the imposition of punishment would ultimately do more harm than good, alongside acknowledging the defendant's convictions.
How do governments typically view civil disobedience from a legal standpoint?
Answer: As insufficient justification for breaking the law, focusing on criminal intent rather than motive.
From a legal standpoint, governments typically view civil disobedience not as a legitimate excuse for breaking the law, but as a criminal act. The legal system generally prioritizes criminal intent over the motive behind the action.
In the context of a civil disobedience trial, what does 'allocution' allow a defendant to do?
Answer: Make a speech to the court to explain their actions or express defiance.
In a trial context, 'allocution' allows a defendant to make a statement to the court, typically before sentencing, to explain their actions, express their motivations, or convey defiance, without entering a formal plea.
What is the significance of pleading 'not guilty' for a civil disobedient during a trial, according to the text?
Answer: It can be a way to challenge the law's legitimacy or use the proceedings as an educational platform.
Pleading 'not guilty' in a trial for civil disobedience can serve as a strategic choice to challenge the law's legitimacy or to utilize the court proceedings as an educational platform for the jury and public, rather than simply accepting guilt.
What is a 'creative plea' in a legal context, as mentioned in the source?
Answer: A statement made by a defendant that is not a standard plea, often expressing a philosophical or moral stance.
A 'creative plea' in a legal context refers to a statement made by a defendant that deviates from standard guilty or not guilty pleas, often articulating a philosophical, moral, or political stance regarding their actions.
Civil disobedience can only be justified against laws made by a government, not against decisions of non-governmental agencies.
Answer: False
The justification for civil disobedience can extend beyond governmental laws to encompass decisions made by non-governmental agencies, particularly when these decisions impact public welfare or are enabled by the legal system. This broadens the scope of legitimate targets for civil disobedience.
Stephen Eilmann argued that civil disobedience must always be conducted publicly to be effective.
Answer: False
Stephen Eilmann questioned the necessity of public civil disobedience, suggesting that covert actions might prove more effective in certain contexts, challenging the assumption that public visibility is a prerequisite for efficacy.
There is a scholarly consensus that civil disobedience must strictly be non-violent.
Answer: False
The requirement of strict non-violence in civil disobedience is a subject of scholarly debate. While many prominent proponents advocate for non-violence, some scholars and historical figures have argued that violence may be justified under certain circumstances or that the distinction can be blurred.
The concept of 'civil disobedience' has been described as potentially ambiguous or debased, as exemplified by:
Answer: Vice President Spiro Agnew using it to describe activities from mugging to political assassination.
The term 'civil disobedience' has been noted for its potential ambiguity and debasement, exemplified by its application to a wide spectrum of actions, from legitimate protest to extreme acts, such as Vice President Spiro Agnew's broad usage of the term.