Dworkin Flashcards
What is civil disobedience?
A deliberate violation of the law to protest injustice while accepting the legitimacy of the government.
How is civil disobedience different from criminal activity?
It is motivated by moral or political principles rather than selfish or violent intent.
What are the three types of civil disobedience identified by Dworkin?
Integrity-based, justice-based, and policy-based disobedience.
What is integrity-based disobedience?
When individuals disobey laws that violate their personal moral or ethical beliefs (e.g., refusing to return an escaped slave).
What is justice-based disobedience?
Breaking the law to challenge systematic oppression or injustice (e.g., Civil Rights Movement).
What is policy-based disobedience?
Protesting laws or policies perceived as harmful, even if not necessarily unjust (e.g., nuclear weapons protests).
What are key examples of civil disobedience in U.S. history?
The Fugitive Slave Act resistance, Jehovah’s Witness flag protests, the Civil Rights Movement, and Vietnam War protests.
Why is civil disobedience less common in British history?
The British political culture is less focused on debates about principles, though movements like the suffragettes engaged in civil disobedience.
What are the two main strategies of civil disobedience?
Persuasive and Nonpersuasive strategies
What is a persuasive strategy?
Aimed at changing public opinion through moral argument and peaceful demonstration.
What is a nonpersuasive strategy?
Aims to increase the cost of enforcing a policy (e.g., blocking roads or disrupting government functions).
Why is persuasive disobedience generally more justified?
It respects democratic principles and aims to engage the majority in moral reflection.
What conditions must be met for justice-based disobedience to be justified?
Legal avenues must be exhausted, and the disobedience must not worsen the situation.
Why is policy-based disobedience the hardest to justify?
It often involves coercing the majority without clear claims of injustice.
Should governments always punish civil disobedience?
No, punishment should be weighed against the social benefits of the act.
What is prosecutorial discretion?
The ability of legal authorities to decide whether or not to prosecute certain offenses.
What was Dworkin’s view on punishment and civil disobedience?
Punishment is not necessary for civil disobedience to be legitimate, contrary to Socrates’ belief.
How does civil disobedience challenge majority rule?
It demands exceptions to democratic decision-making, requiring justification.
What is the role of the courts in civil disobedience cases?
Courts interpret laws but may not always make morally correct decisions.
What does Dworkin say about legal positivism?
He rejects the idea that courts always define the correct interpretation of the law.
