Disobedience

Question 1

What are some greater principles that are legitimate reasons to disobey the law?

Answer 1

1. Personal beliefs and religions
2. Basic principles of the polity
3. Spirit of law and constitutional principles
4. Critique of the democratic process and deficit of representation

Question 2

Define conscientious objection.

Answer 2

Acts of non-conformity out of sincere and serious personal convictions that dispute the law to protect moral integrity.

Conscientious objections are legally protected and are considered to be a right that must be respected in liberal democracies.

Question 3

Who is the father of civil disobedience and why is he considered as that?

Answer 3

Henri David THOREAU.

Did not pay taxes to what he perceived to be an unjust federal government (unjust war against Mexico, slavery).

THOREAU believes that it is a common duty to disobey unjust laws in favor of personal morals — disobedience is rooted in morality and justice.

He believed that law & the state stunt individual abilities to make moral decisions.

“Men first, subjects afterwards.”

Our own sense of justice and morality must come above law.

Question 4

Under what conditions is disobedience legitimate according to LOCKE?

Answer 4

Disobedience is legitimate towards an illegitimate government that either:
A) breaches natural rights
B) does not conduct itself based on consent

However, the provocation must be direct and serious for a rebellion to be fair.

Question 5

Under what conditions is civil disobedience legitimate according to RAWLS?

Answer 5

Legitimate civil disobedience midst fulfill three criteria:

1. Clear-cut cases of infringements of the principles of justice
2. This option is the last resort, all other options have been exhausted
3. There must be an alliance among different minority groups (to avoid numerous uncoordinated incidents of civil disobedience)

Question 6

What is RAWLS’ conception of civil disobedience?

Answer 6

Civil disobedience is a part of justice and stabilizing liberal, constitutional democracies.

Civil disobedience:

• can only occur in constitutional democracies,
• is public and visible,
• is an appeal to a majority sense of justice (Peter SINGER “plea for reconsideration”, Juergen HABERMAS “symbolic appeal to majority sense of reason and justice)
• is non-violent
• is conscientious,
• is political
• and aims to bring about change

Question 7

What are RAWLS’ 2 principles of justice?

Answer 7

1. Each person is to have an equal right to the most extensive system of equal basic liberties compatible with a similar system for all
2. Social and economic inequalities are to be arranged so they are both:
   A) Reasonably expected to be to everyone’s advantage,
   B) Attached to positions and offices open to all.

Question 8

What are the criteria for civility?

Answer 8

• Public in nature
• Non-violent
• Cooperation with authorities
• Acceptance of punishment (serves a symbolic function)
• Fidelity to law at heart
• Appeal to majority sense of justice