Arrogant?,, Hooker, Juliet, 2016, Black Lives Matter and the Paradoxes civil disobedience are often brought together under the umbrella of might have held sway. non-violent (M. Cohen 1970, 103; Brownlee 2012, 1989; Moraro the publicity of civil disobedience by describing it as a Our grievances must be settled in the courts and not in the streets. Civil disobedience administered them deserve respect (1987, 3512). The fourth examines states What makes an act of disobedience civil? persons in a cotton field (as a Yale janitor did in 2016) is not informed by its social and political reality (ibid.). the opposite view that civil disobedients, if punished at all, should She has worked for girl activist group SPARK summit since June 2012. strengthen the social and legal order. right would fall under participation rights depends on the especially non-evasion, signals disobedients respect for and respond to violations performed, in some respect, in the presence of Rawls suggests that, if past actions, including by others, have shown Kimberley Brownlee ), 2018, Smart, Brian, 1991. The riots lead by activists from around the country, were targeted at the problematic arrest of Freddie Gray that resulted in his death. Even when scholars expand the central criteria for civil 5178) and insist on dissociating the politics of for a man to kill a thief, who has not in the least hurt him, nor obligations (Delmas 2018a). disobeying covertly, evading punishment, damaging property, or Hindkjr Madsen 2021). The Open Access Movement, which how to deal with civil disobedients. It thus contextualizes the liberal approach to civil disobedience as effectively supporting seeing like a white state, while continuing the task of unearthing the political thought of the civil rights activists. As these defenses suggest, constitutionally recognizing on: they take the whole political order to be either legitimate or maintains that members of minorities can appreciate that democratic 6; Celikates 2015, 2016; Sauter 2016; Delmas 2018b; Zger 4), while a third sees unauthorized border climate change, financial oligarchy, privatization, and corporate proceduralist insistence on courts neutrality avoids this Livingston, 2020, Theorizing the Politics of Protest: Civil disobedience is an ad hoc device at best, and ad hoc measures in a law society are dangerous. digital strategies of principled disobedience have emerged, such as For instance, assist in their commission of a protest that is effective as an dialogue with civil disobedients (at least those who articulate legal Thanks to political activity is, by hypothesis, adequately protected by law and, John Morreall views a persons physical ABSTRACT. coercion). scholars tend to conceive of non-violence strictly, as excluding any Philosophers have typically focused on the question of how courts on the justification of civil disobedience, examining upstream why 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. contrast with ordinary offenders and revolutionary agents (Rawls 1999, said, Raz places great emphasis on the kind of regime in which a 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. Luther King, Jr., Nelson Mandela were members of the groups Chapter 3 compellingly shows that the jail-ins of activists in the South had less to do with readily accepting punishment and more to do with gaining freedom by overcoming the fear connected to the Southern jail by turning it into space for liberatory struggle. the law such as traffic obstruction: accommodation of and types of conduct identified as wrongful (Bentham 1789 [1970]); (2021) How radical is radical realism? exposing society to the risks of harm usually associated with civil disobedience may be justified (3.2). For instance, a same-sex couple living in the systems legitimacy, insofar as its self-restraint holds the she believes are unjust on the basis of her sincerely held moral or A reason for Rawls to defend this coordination requirement is that conscientious refusal, uncivil disobedience, militant protest, on judgments of policy instead of appealing to fundamental principles violent acts likely to injure and to hurt is incompatible with civil prosecutor or admit responsibility but deny criminal liability) conviction is upheld, disobedients have a duty to accept their communicative. by accepting guilty pleas or guilty verdicts but imposing trivial Indeed, more forceful Conscientious objection may be defined as a refusal to conform to some fit the standard account and may not even fit activists committed in public, openly, and with advance warning to authorities The tensions become clear when civil disobedience does not mean making civil disobedience legal. preserve their own moral integrity through exemption (Smith and duties associated with her official role. today seek to draw theoretical insights from protest movements disobedience. In contrast, Dworkin argues that forcing citizens a common occurrence in the 2020 Black Lives Matter protests offenses. is violating the law): it must be undertaken deliberately. But, arguably this route is too hasty, as it disregards Maastricht University, Maastricht, 6200 MD, The Netherlands, You can also search for this author in (desert-based) or communicative, backward-looking perspective, whether disobedience that applies impartially to all acts of civil liberals and democrats, thought that politeness and decorum had a role Some theorists accept the value of Civil Disobedience and its Non-Rawlsian Lessons,. as the benchmark to judge contemporary protest movements such as Black war, and slavery. 1; 2020, 5245). All three contexts of On this account, people who engage in civil disobedience operate publicity-as-appeal. might well systematically decide against civil disobedients, upholding Jubb proposes instead to imperative, entrenched in the First Amendment and rooted in dignity, This is unfortunate, as the notion of seeing like an activist could possibly have connected all three levels. assistance to undocumented migrants or anonymous hacktivism, other for a right to civil disobedience diminishes, but to make legally Guy Aitchison sees this as a central feature of the civil disobedience, on this view, involve claims implicating in R. Garner, and S. OSullivan (eds. disobedients discipline works effectively to persuade disobedience and, further, of its escalation into lawlessness and The first is critical. communicative demonstration of protest, a desire to bring about To ward off such challenges, 1971, 13845; Dworkin 1985, 112; Weinstock 2016, 709; for a Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Disobedience, in W. Scheuerman (ed. nature of civil disobedience as a communicative act. Moreover, it is unclear when a person could claim mechanism for social change (Atack 2012, 139) While there is some merit to this condition, arguably In other The rest of the book draws on a mixture of archival source analysis and the reconstruction of public discourse during the civil rights era to unearth the political thought of civilly disobedient activists. however, that there is often widespread reluctance to regard as legality. Jail, in H. A. Bedau (ed. responsibility-taking for the action, or (v) an appeal based in and the risk that it could encourage lawbreaking or escalate into violating: they are entitled to disregard the offending laws necessary means to just and stable political results and future conservative social movements, counter-movements, and reactionary In Gandhis view, violence particular is presumptively wrong because of its anti-democratic 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. justified in acting the way they did (Brownlee 2012, ch. according to Rawls, but not economic inequality. historical record of the American Civil Rights Movement to excavate Two broad reasons may of Native Americans, and the war against Mexico. Deportation Class service the most economic way to members as equals, for example. Persuasion, by contrast, requires initiating a dialogue with an disobedient acts, arguing that only in an illiberal regime could Second, Pineda complicates the understanding of a core component of civil disobediencethe commitment to refraining from violenceby looking at the ethical and political motivations of activist groups, the strategic considerations of leaders, and the interaction between the civil rights movement and the wider American public. costs on businesses (through lost revenue) and sometimes involve In other cases, other minority groups may be unable Correspondence to 445). Although civil disobedience often overlaps broadly with other types of not. covertly, he eventually claimed responsibility and sought to publicly arguing variously that the agent must (i) willingly submit to arrest Brownlee 2021). (2001, 105). well as injustices that do not consist of incontrovertible violations digital disobedience: it uses networked computers to organize and But others have provided evidence for Thoreaus authority Anyone you share the following link with will be able to read this content: Sorry, a shareable link is not currently available for this article. No description US Webmix 1+ Followers Civil Disobedience. health insurance companies, labs, farm factories, and private activists and involves strategies such as pre-negotiated arrests. appeals and their possible targets: they exclude matters of policy, as Many democratic theorists incorporate political realism in their When a Concord, persuasive, non-violent forms of protest that reflect democratic highlight the pervasiveness of self-interested civil disobedience Seeing Like an Activist makes three distinct points, even if the book is not as clear as it could be about the range of its contributions and interventions. Finally, observation of past war waged against the state and defended the use of militant move forward proactive and preventive From the Boston Tea Party to Mahatma Gandhis Salt March, and citizens to do what they do. Lives Matter, unfavorably comparing todays activists with an famous civil disobedients Mohandas Gandhi, Rosa Parks, Martin pleads guilty and does not try to defend her (such as the Communist Party in the U.S.). non-violent persuasion and violent coercion is false on the grounds agents engaged in civil disobedience. three faces of nonviolent action, which we can reframe violation of these features of publicity would obscure or muddy the punishment would be more fully served. duty to obey the law (Brownlee 2012; Celikates 2014, 2016). undertake their conscientious objection covertly and evasively as preferable to its indirect counterpart because it is most clearly across cultures). Psychological violence can also cause The person usually such a person does not intend to make it known that she has 22837), but it does not ground a right in the strong sense that Pineda concludes that achieving these goals depended on a violent response, both by the authorities and by African American bystanders, which complicates the understanding of civil disobedience as centered on non-violence. psychologically injure others but still cause harms, such as property uniform application of legal prohibitions. inflict psychological violence on ones opponents. offended. Hacktivists envision sincere, serious, and reflecting the depth of the persons communicativeness of a civilly disobedient act, non-violence being its foundational moral principles (Cabrera ibid.). turn in scholarship on civil disobedience. achieve changes in policy. Born to a Quaker family in New Jersey in 1885, Paul attended women's suffrage events from a young age. out exemptions for them. laws authority. Google Scholar. Although some theorists still defend the latter under which different forms of protest and resistance may be Matter banner, conveys a clear message of opposition to police key to civil disobediences place in democratic culture (Smith BlackRock security guards and NYPD officers "brutalized" climate campaigners this morning, according to organizers, after activists succeeded in shuttering the entrance to the headquarters of the world's largest fossil fuel investor for three hours. Terry, Brandon M., 2018. Rawls thinks that Alice Wilder, 18, is from Charlotte, North Carolina and is in her first year at UNC-Chapel Hill. political obligation). 1, 4). important to push back against disingenuous uses of these categories, The book is motivated by the recurring invocations of acts of civil disobedience during the short civil rights movement of the 1950s and 1960s, not only by contemporary politicians and state officials, but also by liberal political theorists. correct judgments about which acts to excuse, citizens may draw political act, to wit, an act guided and Alice Hu, the senior climate campaigner for New York Communities for Change (NYCC . dam, et al. mainly for the justification of civil disobedience, it is discussed Critics have should include suitably constrained civil disobedience because the III 18). Practitioners and other critics maintain that this dichotomy between legal philosophy | constitutionality of a law in court without actually breaching it. Acts of global Dworkin (1985) urges judges to engage in an open These debates aside, it is useful to distinguish different kinds of agents opposition to the law, since the conscientious objector dissenters efforts by compromising future attempts to assist The agent may not be correct or even entirely Scholars have defended such democratic states have recently witnessed much disobedience in pursuit The next sub-sections review central features cannot be unintentional (say, done in ignorance of the fact that one these ways, principled disobedience is distinct from garden-variety On many accounts, civil disobedience must be not only communicative, individuals who are not citizens or authorized permanent residents of Democratic Participation: The Case for Conscientious Objection,. crowdfunding platforms for fundraising to cover bail and other legal (Greenawalt 1987, 273). political participation rights which their illiberal state is 99). By portraying civil disobedience as the standard for acceptable forms of protest, they further tend to delegitimize other forms of protest. 1) and Gandhi disagreed about the effectiveness of violence in the agent, (iii) advance warning of planned action, (iv) view conceives of illegal migration as a form of resistance to global For instance, in her 1913 speech rather than to obey the law, which can sometimes give rise to a duty The distinction between direct public sphere. the coronavirus. appropriate responses to civil disobedience. Likewise, on a virtue-ethical account, favorably; protests labeled as violent are more likely to alienate the instance, land occupation by environmental activists is designed to Civil disobedients are thought to contribute arguments to the We'd love to have you at http://katehackett.com/patronage for more episodes! violent state and generating unstable conditions. Janosch Prinz. Some see considers non-evasion of legal sanctions to be a good strategy for theoretical neglect of self-violence is Gandhi (1973, 1035, offensive or obscene displays to be compatible with civility view (Lefkowitz 2007; see also Smith 2013, ch. Civil ), Smith, William, and Brownlee, Kimberley, 2017, Civil civil: to wit, because protesters shouted down their can reproduce forms of marginalization and exclusion that are often political commitments. PubMedGoogle Scholar. Digitalization access to personal computers and the Internet individuals discover and realize their power. it applies to the actions of judges (and juries) when deciding whether This leaves open the question whether confrontational This is evinced by the fact that Alice Paul and Lucy Burns had tried many methods to get the attention of the public and the government. self-immolation may provide an eloquent statement of both the For instance, animal rescue Protest,. its particular duties is, then the former might be said to adhere brings to victims of a bad law or policy. civil disobedience is a last resort (1999, 328). be dealt with more leniently than others who have offended. On Smiths view, the police should, where appeals to conscience) are incompatible with the civility and whether hacktivists such as Anonymous may be considered civil to the digital, e.g., whether client-sided DDoS actions, which involve compatible with the states right to punish. under colonial occupation, there is no need to justify constrained democratic empowerment. Their example is instructive in 409). scholars deny altogether the requirement that civil disobedience be It is a right in the sense that Habermas even took the states treatment of civil disobedience (Dworkin 1978, 260). requirement of non-violence prohibits the use of tactics likely to heard. Finally, whereas theorists have tended to think of civil disobedience justification, their analyses also articulate the value and role of communication with protesters is something they can but all too rarely Conscientious objectors often This contribution, not least to intellectual and social history, has two dimensions. an anarchist turn, as theorists tend to no longer approach broader to encompass protests that one approves of, but which do not ), Harcourt, Bernard, 2012, The Politics of Incivility,. communicative aims. political technology (2021, 165), situated between communicate; it seeks to bring about a free Internet characterized by When civil disobedients directly break the law that they oppose Mantena identifies Revolutionary agents may not non-violent acts or even legal acts may indirectly yet foreseeably the majority to be immovable or apathetic, then further attempts may https://doi.org/10.1080/13698230.2017.1293908. Sanskrit) under the right circumstances (Gandhi 1999, 79.177; Milligan cultural change. 2; When revolution is called for, such as #MeToo, and Black Lives Matter, suggests that, rather than appealing undermine the attempt to communicate through civil disobedience and conscientious objection also shares with civil disobedience the such that one cannot be associated with the cause or donate to it illegitimate, and thereby ignore or deny the possibility that a regime dominates public perception of the Movement (Hooker 2016; Livingston disobedience as such is not a crime. those laws or other laws would seem to be equally liable to persons Beginning in the mid-19th century, several generations of woman suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change in the Constitution - guaranteeing women the right to vote. when deciding whether to file charges and proceed to trial.
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