By Kimberley Brownlee
Arguing for the ethical and criminal defensibility of conscientious disobedience, and especially civil disobedience, this ebook first examines the morality of sense of right and wrong and conscientiousness after which the legality of conscientious breach of legislation.
Part I specializes in the morality of judgment of right and wrong and conscientiousness. those are relatively overlooked options in modern ethical and criminal conception, even though they're significant to useful debates in regards to the ethics of battle, healthcare, and political participation, between others. The e-book disambiguates the descriptive thought of conscientiousness as honest conviction from the evaluative idea of conscience as real ethical responsiveness. this offers upward thrust to a communicative precept of conscientiousness (CPC), based on which honest ethical conviction calls for not just that we act continuously with our ideals and make common ethical decisions, but additionally that we now not search to stay away from the results of doing so and be prepared to speak our convictions to others.
The CPC informs the resultant dialogue of individuals' rights and tasks inside a liberal democracy. against this with ordinary liberal theorizing, the publication indicates that individuals who have interaction within the communicative perform of definitely limited civil disobedience have a greater declare to an ethical correct to conscientious motion than do those who interact in non-communicative, inner most, or evasive 'conscientious' objection.
Part II argues that civil disobedience is mostly extra defensible than own disobedience. The ebook explores putative felony defences - a demands-of-conviction defence and a need defence - and argues that every applies extra quite simply to civil disobedience than to private disobedience. The publication responds to issues approximately strategic-action, democracy, pageant of values, and proportionality, all of which omit the communicative nature of honest conviction and underestimate the ability of democratic legislations to realize the legitimacy and significance of values except literal compliance with the legislation.
The e-book concludes through highlighting a parallel among the communicative goals of civil disobedience and the communicative goals of lawful punishment. in basic terms the previous may perhaps declare to have discussion goals, which increases problems for the justifiability of punishing civil disobedience.
Oxford felony Philosophy publishes the easiest new paintings in philosophically-oriented criminal concept. It commissions and solicits monographs in all branches of the topic, together with works on philosophical matters in all components of private and non-private legislation, and within the nationwide, transnational, and foreign nation-states; experiences of the character of legislation, criminal associations, and felony reasoning; remedies of difficulties in political morality as they endure on legislations; and explorations within the nature and improvement of felony philosophy itself. The sequence represents diversified traditions of concept yet continually with an emphasis on rigour and originality. It units the normal in modern jurisprudence.
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Additional resources for Conscience and Conviction: The Case for Civil Disobedience
Two other marks of civility, in Rawls’ view, are disobedients’ publicity and their willingness to accept the legal consequences of their act including punishment. The public nature of civil disobedience takes a distinctive ex ante form in Rawls’ account. Civil disobedience is never done covertly or secretively. It is only ever done openly in public with advance notice to legal authorities. To Rawls’ mind, these features together show that, unlike revolutionary actors or militant protesters, civil disobedients have a fidelity to law at the outer edge thereof and are willing to deal fairly with authorities.
12) framed by non-contingent basic needs. 10 Like the demands-of-conviction defence, the necessity defence applies more readily, I argue, to civil disobedience than to personal disobedience. But, unlike the demands-of-conviction defence, the necessity defence is not available to all who engage in civil disobedience. It is not available to bigots, xenophobes, and misguided do-gooders. It is also not available to all disobedients who could appeal to moral arguments such as the priority of special responsibility principle.
We do not know the facts of the case or what verdict they are debating. All we know is that the woman sits in a rickety chair with her back straight and her arms folded while 10 of the men stand or sit around her, leaning over her in united opposition. One man dozes to the side. In this smoke-filled, wood-panelled room echoing of a men’s club where jackets have been shed and tempers are running high, she is entirely alone. She is exposed. And, she might be wrong about what she thinks of the case.