Civil disobedience a stand on moral

Others advocate falling limp or resisting arrestespecially when it will hinder the police from effectively responding to a mass protest.

Civil disobedience in a democracy is morally justified

Given the highly negative connotations of this term, its philosophical usefulness is questionable. Throughout history, acts of civil disobedience famously have helped to force a reassessment of society's moral parameters. And this right should include suitably constrained civil disobedience because the best conception of political participation rights is one that reduces as much as possible the impact that luck has on the popularity of a view Lefkowitz ; see also Ceva Before contrasting civil disobedience with both ordinary offences and other types of protest, attention should be given to the features exemplified in the influential cases noted above. Finally, it applies to the actions of judges and juries when deciding whether to convict and for judges how much to punish. The conscientious objector may believe, for example, that the general character of the law in question is morally wrong as an absolute pacifist would believe of conscription , or that the law extends to certain cases which it should not cover an orthodox Christian would regard euthanasia as murder Raz , But one often does require a right to do what one should not do cf. Civil disobedience taken in support of concerns such as the environment or animal rights may be seen in part as a response to some breakdown in the mechanisms for citizen engagement in the decision-making process. One does not require a right, Raz observes, to do the right thing. Justified civil disobedience, says Rawls, can serve to inhibit departures from justice and to correct departures when they occur; thus it can act as a stabilising force in society Rawls , Third, any use of violence would seem to aggravate civil disobedience particularly when it increases the harm of the offence or when it directly incites further and unjustified instances of violence. In his essay, Thoreau observes that only a very few people — heroes, martyrs, patriots, reformers in the best sense — serve their society with their consciences, and so necessarily resist society for the most part, and are commonly treated by it as enemies. Civil disobedients, by contrast, seek to make their disobedience known to specific members of the community either before or after the fact to demonstrate both the seriousness of their condemnation of that law or policy and their sincere desire for policy change.

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.

why is civil disobedience effective

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.

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Civil disobedience