Others advocate falling limp or resisting arrestespecially when it will hinder the police from effectively responding to a mass protest.
As a result, the judge increased her sentence from 40 to 60 days. They were put on a bus and taken to the Nye County seat of Tonopah, Nevada, and arraigned for trial before the local Justice of the Peace, that afternoon.
From these two traditions rise the principal contemporary arguments for legal obligation, which concern respectively consent, gratitude, promise-keeping, fairness, necessary institutions, and public good.
That said, moral justifications do not usually translate into legal justifications and disobedients have been notoriously unsuccessful at advancing a defence of necessity a defence that their action was legally justified being the lesser of two evils.
Radical Protest: Some forms of dissent such as coercive violence, organised forcible resistance, militant action, intimidation, and terrorisation lie further outside the realm of tolerated or tolerable political action than civil disobedience does.
Many after him have proudly identified their protests as acts of civil disobedience and have been treated by their societies — sometimes temporarily, sometimes indefinitely — as its enemies. Concerning directness, some argue that civil disobedience is more justifiable the more direct it is since direct disobedience targets the specific legal wrong that prompted it Greenawalt Second, Socrates maintains that he has an obligation to follow the laws of Athens since he has tacitly agreed to do so and since he enjoys the rights and benefits of citizenship.
Concerning likelihood of success, civil disobedience actually can seem most justifiable when the situation appears hopeless and when the government refuses to listen to conventional forms of communication. But much of this turns on the assumption that civilly disobedient breaches of law are in fact comparable to ordinary offences and deserve a comparable response from the law.
Specifically, the law usually distinguishes between criminal motive and criminal intent ; the offender's motives or purposes may be admirable and praiseworthy, but his intent may still be criminal. Walzer, Michael, Throughout history, acts of civil disobedience famously have helped to force a reassessment of society's moral parameters.
An exception might be where a person's breach is sufficiently minor, such as jaywalking, that concealment is unnecessary since sanction is unlikely to follow.