Social movements possess transformative and progressive power. In this paper, I argue that how this is so, or even if this is so, depends on one's explanatory framework. I consider three such explanatory frameworks for social movements: methodological individualism, collectivism, and complexity theory. In evaluating the various appeals and weaknesses of these frameworks, I show that complexity theory is uniquely poised to capture the complex and dynamic reality of the social world.

In Germany, like in many other liberal countries, there is an extensive public discourse about freedom of speech being at risk. It will be insisted in this contribution that on the one hand, freedom of speech as a subjective right of basic law is not endangered. On the other hand, it should be acknowledged that in public discourse moralistic exaggerations are quite common. Against this background, the paper asks when different opinions are to be respected and at what point it (...) is permitted or even required to condemn them as immoral. The basic argument advanced here is that opinions should be respected as long as they are based in or at least supported by reasonable moral theories. Those opinions that do not have such a support can be labelled as properly immoral and criticized as such. (shrink)

Journal of Political Philosophy, EarlyView.

Identity politics is commonly criticized as endangering democracy by undermining community, rational communication, and solidarity. Drawing on both radical democratic theory and standpoint theory, this article posits the opposite thesis: identity politics is pivotal for the democratization of democracy. Democratization through identity politics is achieved by disrupting hegemonic discourse and is, therefore, a matter of power, while such forms of power politics are reasonable when following minority standpoints generated through identity politics. The article develops this approach by connecting radical democratic (...) theories with standpoint theories and highlighting their commonalities and potential for mutual enhancement. Standpoint theory allows us to substantiate and reconcile two initially contradictory claims: particular minority standpoints are necessary to criticize the prevailing discursive and institutional orders, and these standpoints stem from intersubjective reason and embody ‘strong objectivity.’ This discussion presents a new perspective on the tension between particularity and universality, as well as the relationship between power and reason in democracy. Democratization is an oscillation between these polarities, and political theory should not aim to resolve this tension but to recognize and articulate it. Such recognition might involve elevating knowledge emerging from oppressed groups and exercising epistemic modesty when assessing specific forms of identity politics. (shrink)

Jonathan Neufeld proposes a concept of aesthetic disobedience that parallels the political concept of civil disobedience articulated by John Rawls in A Theory of Justice. The artistic transgressions he calls aesthetic disobedience are distinctive in being public and deliberative in their aim to bring about specific changes in accepted artworld norms. We argue that Neufeld has offered us valuable insight into the dynamic and potent nature of art and the artworld; however, we contend that Neufeld errs by constraining aesthetic disobedience (...) to the artworld. Through a reconsideration of the parallel between aesthetic and civil disobedience, we illustrate how aesthetic disobedience is more accurately conceived of in terms of two kinds of acts: artistic and artworld. In addition to artistic disobedience and artworld disobedience, we add a broader and more diverse sort of transgressive aesthetic disobedience. Our aim is to articulate how Neufeld’s account of a kind of disobedience in the artworld that parallels civil disobedience can prove even more generative. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with the aim of protecting the environment)—we (...) argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first argues that the school strike for climate can be viewed as civil disobedience. Then, the article distinguishes between various forms of youth disobedience. Building on the democratic rationale for civil disobedience, the remainder of the article argues that there is a special justification for youth disobedience. To show this, it argues that children are (...) wrongfully excluded from political participation and that principled law-breaking can be an important remedy to this exclusion. The upshot is that adults should engage seriously and leniently with youth disobedience. (shrink)

Recent scholarship has insisted on a more historically attentive approach to civil disobedience. This article follows their lead by arguing that the dominant understanding of civil disobedience relies on a conceptual confusion and a historical mistake. Conceptually, the literature fails to distinguish between violating a law and defying the authority of a legal order. Historically, the literature misreads the exemplary case of Martin Luther King Jr. in Birmingham, Alabama. When read in its proper context, we can see King was not (...) just a civil disobedient, violating the law in a way that shows fidelity to the law. He was a radical disobedient, challenging the authority of the legal order. As such, he was part of a long tradition of radical disobedience, extending back through militant strikes of the labor movement. The character of this disobedience was evident, both to its main protagonists, like King and Eugene V. Debs, and to its major opponents, especially the courts. In reconstructing these historical cases, I revise the civil disobedience literature and demonstrate the distinctiveness of the radical disobedience concept. (shrink)

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions of civil (...) disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro tanto political obligation to obey the law. For this, the paper draws on the three main criteria for liberal civil disobedience—publicity, nonviolence, and fidelity to law—and examines how these can be transferred to the realm of the digital. One of the main disanalogies between street and cyberspace protests is the tendency of hacktivists to remain (...) anonymous, which in turn calls into question their fidelity to law (the third criterion). The paper argues that there are functionally equivalent alternatives to what can be called the “acceptance-of-legal-consequences-condition” (ALCC) associated with the fidelity to law. As a result, the ALCC is not a necessary condition for hacktivists to showcase their fidelity to law, thereby resolving the apparent disanalogy. (shrink)

Constellations, Volume 29, Issue 1, Page 65-79, March 2022.

Philosophy Compass, Volume 17, Issue 4, April 2022.

In recent years the power and reach of prominent hacker groups such as Anonymous and LulzSec has been clearly demonstrated. However, in a world where hackers are able to wield significant online power, can they do so ethically as legitimate agents? To answer this question this paper will develop an ethical framework based on the premise that hackers have exhibited instances where they have acted to protect people from harm at a time when there was no one else to do (...) so. At its core this paper will argue that political hacking can be justified when it is done to protect the vital interests of oneself or others. Moreover, it will also argue that just because hackers are outside the state does not automatically discount them as ethical actors and that when the state fails to protect people – whether it is due to a lack of ability, political will or because the state is the source of the threat – hackers can fill the void. In order to achieve this, first it is necessary to highlight the space for hackers to operate; second, guide hacker activity by creating an ethical framework detailing what actions are justified towards what end; third, to offer mechanisms that can aid in reaching these ethically justified decisions; and as a result, inform further ethical debates on how to react to these political hackers. This means that the framework can be used to both justify and condemn hacking depending on the circumstances, allowing those on the outside to distil and evaluate a political hack, both past and present, while guiding hacker collectives by providing clearer ethical tools for determining the appropriate agendas and methods. (shrink)

In this paper, we offer a childist reading of school strikes for climate in an overheated world. We argue that school strikes can be understood as offering a dynamic counterweight to formal education, by providing opportunities for children to self-educate, and for others, especially adults, to learn from them. We suggest that taking school strikes seriously as sites of political appearance—which highlight interdependencies and vulnerabilities in the face of crises in Anthropocene neoliberalism requires rethinking the boundaries of democratic participation and (...) education. In particular, we highlight that school strikes for climate serve as an invitation for adults to let children contribute to their own ongoing formation. A childist philosophical attitude that emphasises mutual teaching—i.e. the adult capacity to see and hear what children show and say—can expand through an engagement with, rather than against school strikes. Children’s political appearance on streets to influence political priorities from an intergenerational global justice point of view is a gift for adults and adultist structures. It is a passage to grasp deep interdependence and to assume appropriate responsibility. If ‘education’ is a beacon of hope in times of overheated despair, then the hope is in educational philosophies that have room for mutual teaching. The philosophical assumption that it is adults who must always, and necessarily, teach children to prepare them for a better future would have to be discarded. (shrink)

Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, (...) however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience. (shrink)

Tainted political symbols ought to be confronted, removed, or at least recontextualized. Despite the best efforts to achieve this, however, official actions on tainted symbols often fail to take place. In such cases, I argue that political vandalism—the unauthorized defacement, destruction, or removal of political symbols—may be morally permissible or even obligatory. This is when, and insofar as, political vandalism serves as fitting counter-speech that undermines the authority of tainted symbols in ways that match their publicity, refuses to let them (...) speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Rule is commonly conceptualized with reference to the compliance it invokes. In this article, we propose a conception of rule via the practice of resistance instead. In contrast to liberal approaches, we stress the possibility of illegitimate rule, and, as opposed to critical approaches, the possibility of legitimate authority. In the international realm, forms of rule and the changes they undergo can thus be reconstructed in terms of the resistance they provoke. To this end, we distinguish between two types of (...) resistance—opposition and dissidence—in order to demonstrate how resistance and rule imply each other. We draw on two case studies of resistance in and to international institutions to illustrate the relationship between rule and resistance and close with a discussion of the normative implications of such a conceptualization. (shrink)

Is hactivism the new civil disobedience? I argue that most recent hacktivism isn't, and shouldn't be shoehorned into the category of civil disobedience. I sketch instead a broad matrix of electronic resistance, attentive to the many shapes and goals of hacktivism and I locate five clusters on it, briefly sketching possible dimensions of normative assessment for each: vigilantism, whistleblowing, guerrilla communication, electronic humanitarianism, and electronic civil disobedience.

Whistleblowing is the act of disclosing information from a public or private organization in order to reveal cases of corruption that are of immediate or potential danger to the public. Blowing the whistle involves personal risk, especially when legal protection is absent, and charges of betrayal, which often come in the form of legal prosecution under treason laws. In this article we argue that whistleblowing is justified when disclosures are made with the proper intent and fulfill specific communicative constraints in (...) addressing issues of public interest. Three communicative constraints of informativeness, truthfulness and evidence are discussed in this regard. We develop a ‘harm test’ to assess the intent for disclosures, concluding that it is not sufficient for justification. Along with the proper intent, a successful act of whistleblowing should provide information that serves the public interest. Taking cognizance of the varied conceptions of public interest, we present an account of public interest that fits the framework of whistleblowing disclosures. In particular, we argue that whistleblowing is justified inter alia when the information it conveys is of a presumptive interest for a public insofar as it reveals an instance of injustice or violation of a civil or political right done against and unbeknown to some members of a polity. (shrink)

Many historical and recent forms of protest usually referred to as civil disobedience do not fit the standard philosophical definition of “civil disobedience”. The moral and political importance of this point is explained in section 1, and two theoretical lessons are drawn: one, we should broaden the concept of civil disobedience, and two, we should start thinking about uncivil disobedience. Section 2 is devoted to the main objections against, and theorists' defenses of, civil disobedience.

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

ABSTRACTOn 4 September 2015 asylum seekers who got stranded in Budapest’s Keleti train station began a march to cross the Austrian border. Their aim was to reach Germany and Sweden where they believed their asylum claims would be better received. In this article, I argue that the march should be characterized as an act of civil disobedience. This claim may seem to contradict common convictions regarding acts of civil disobedience as well as asylum seekers. The most common justifications are given (...) with reference to moral rights of citizens and concerns for enhancing justice or democracy within states. Asylum seekers are not members of the European public. How can they be entitled to break the law? I first show that the march displays features of a paradigm case of civil disobedience. Then, I identify moral reasons for asylum seekers to carry out the march acceptable from both strong and weak cosmopolitan perspectives. After that, I point out its corrective, stabilizing and democracy-enhancing roles in the European political landscape. I conclude by emphasizing that conceptualizing the march as an act of civil disobedience is significant in recognizing asylum seekers as political agents making claims within an evolving framework of refugee protection. (shrink)

Making use of the liberal concept of civil disobedience, this paper assesses, under which circumstances instances of illegal digital protest—called “hacktivism”—can be justified vis-à-vis the pro t...

The article argues that civil disobedience must be perceived as an action with progressive and political significance, thus reflecting, from a Kantian perspective, the recognizable paradox between morality and law, as expressed in Kant’s moral and political writings. Hence, this article firstly analyzes on which grounds Kant claims rebellion to be unjust. Secondly, it examines how and if people, from a Kantian point of view, can defend themselves against an unjust sovereignty. On this basis, it argues that ‘civil disobedience’ can (...) be juxtaposed with the Kantian idea of ‘freedom of the pen,’ thus having the same function as a political corrective. However, two questions are still to be answered, namely if civil disobedience must be punished, and if civil disobedience as a political corrective can be justified? By considering civil disobedience primarily as political agency, both questions are answered in the affirmative. (shrink)

Taking the ‘Fridays for Future’ movement as its starting point, this article conceptualizes and defends youth disobedience, understood as principled disobedience by legal minors. The article first...

Emergent forms of political protest and constitution often provide limit cases for their contemporary theoretical models, and transnational protest movements from Occupy to Democracy in Europe 2025...

This article argues that, far from being a merely defensive act of individual protest, civil disobedience is a much more radical political practice. It is transformative in that it aims at the politicization of questions that are excluded from the political domain and at reconfiguring public space and existing institutions, often in comprehensive ways. Focusing on the reconstitution of the political community also allows us to reconceptualize constituent power. Rather than portraying it as a quasi-mythical force erupting only in extraordinary (...) moments, constituent power can be conceptualized as a dynamic situated within established orders, transgressing their logic and reconfiguring them from within. Civil disobedience as a transformative and potentially comprehensive practice aimed at reconstituting the political order can then be seen as an internal driving force keeping this dialectic in play. A concrete example can be found in protests and border struggles by irregularized migrants. They show how unexp... (shrink)

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Climate change is often described as an existential risk to the human species, but this terminology has generally been avoided in the climate-justice literature in analytic philosophy. I investigate the source of this disconnect and explore the prospects for incorporating the idea of climate change as an existential risk into debates about climate justice. The concept of existential risk does not feature prominently in these discussions, I suggest, because assumptions that structure ‘ideal’ accounts of climate justice ensure that the prospect (...) of climate change as an extinction-level threat does not arise. Given persistent noncompliance with mitigation duties, however, we have reason to revisit these assumptions. I argue that the most promising way for theories of climate justice to account for the significance of existential risk is to look to the practices of protest and resistance in which a concern about extinction or global catastrophe is frequently given expression. (shrink)

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...) I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument. (shrink)

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I suggest we look at political movements. (...) I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short li...

Global capitalism is a transnational “operational space” which is produced by the practices of states, policy- and issue-specific government networks, and private organizations such as transnational corporations, global law firms, and standard-setting agencies. This “operational space,” which I call the transnational constellation, works through and beyond distinct spatial settings, endowing them with a global financial capitalistic logic and limiting the scope of democratic self-determination. In the second section, I analyze political protest against this transnational constellation in terms of democratic theory. (...) I argue that transnational protest and activism have to be appreciated for their reshaping of spaces of the political, for developing and delivering a genuinely global perspective on political problems, and for their politicization of the transnational constellation by revealing and contesting structures and strategies of domination. However,... (shrink)

Constellations, Volume 29, Issue 1, Page 65-79, March 2022.

This essay argues for the conceptual connection of legitimacy, resistance and ‘the people’ within liberal theories of public justification by making two primary claims: that legitimacy and resistance are mutually constitutive of one another and that together legitimacy and resistance are constitutive of an aspirational conception of ‘the people’. These claims revolve around the idea that the legitimacy of democratic regimes necessarily entails the questioning of that legitimacy through resistance, which concerns demands that say something about the makeup of ‘the (...) people’. The concern is conceptual, examples of resistance showing how the conceptual connection manifests itself. (shrink)

The following essay argues that Transnational Civil Disobedience may be justified when it is applied to questions relating to global climate change. Civil Disobedience as a politically motivated form of lawbreaking posits questions regarding political obligation and citizenship and such questions are amplified when applied to the transnational level.Furthermore, this essay focuses on the influential account of Civil Disobedience as it has been formulated by John Rawls. The writer argues that there are potential issues with this formulation when it is (...) applied outside of the greater scope of Rawls’s work. Instead, the essay argues for a formulation of Civil Disobedience that includes a politicizing feature, and to view it as an extra institutional form of political discourse that is detached from notions of state belonging.Finally, it is argued that the All Affected Principle may be used as a necessary condition for justifying acts of Transnational Civil Disobedience. The nature of Global Climate change as an event that affects the human race as a whole, gives rise to the potential for non-citizens to claim a level of political agency in matters that affect them despite lacking formal representation. (shrink)

Political protests involving clashes with police are often delegitimized by governments for using “uncivil” and “violent” means. Drawing on a creative video clip made by a group of Gezi protestors, this paper theorizes an alternative response, which refuses the dichotomy between peaceful and violent struggles and instead seeks to transform the field of judgement. The protestors in the clip, by echoing a verse originally written by poet Cemal Süreya, reconstruct destructive activity – breaking billboards – playfully and detached from its (...) presumed ends. Placing their performances in conversation with Giorgio Agamben’s theory of mediality – means without end – I argue that the clip reconstructs political action in play-form, corroding the significance of the means-ends relationship. In doing so, it frustrates the usual grounds of judgement within which the meaning and value of protest activities are arbitrated. (shrink)

This essay turns to the late thought of Martin Luther King Jr. to bring matters of faith back into debates about dissent in liberal democracies. Drawing on unpublished speeches as well as scholarship in Black theology, religious studies, and political theory, I contend that the post-1965 King is not as interested in moral or pragmatic principles as many democratic theorists think. The late King’s movement, I argue, is animated by what Black liberation theologian James Cone calls “black faith.” Manifesting Jesus’s (...) liberating love—a love that the late King believes already transformed and was still transforming the world—this movement with the poor and dispossessed is caring yet forceful, quotidian yet spectacular, and nonviolent yet revolutionary. Foregrounding the late King’s black faith and the movement it animates, I conclude, opens up new horizons for theorizing dissent. (shrink)

This is a collection of four papers about the All-Affected Principle (AAP): the view that every person whose morally weighty interests are affected by a democratic decision has the right to participate in that decision. -/- The first paper (“Narrow Possibilism about Democratic Enfranchisement”) examines how we should distribute democratic participation rights: a plausible version of AAP must avoid treating unlike cases alike, which would be procedurally unfair. The solution is to distribute participation rights proportionately to the risk that a (...) person’s interests will be affected. AAP thus implies an account of political equality that requires adherence to the ‘one person—one vote’ model only if interests are indeed equally affected. -/- The second paper (“Economic Participation Rights and the AAP”) argues that AAP supporters have paid insufficient attention to economic participation rights. The exercise of such rights raises unique worries about democratic accountability, which is why their exercise is constrained by a number of duties. -/- The third paper (“What AAP Is, and How (Not) to Fight It”) explores how AAP fares in light of possible objections from desirability and feasibility. Unlike crude versions of AAP, a plausibly restricted version of AAP cannot be dismissed as easily as many AAP sceptics may have thought. My reflections here are useful for AAP supporters and sceptics alike: this paper helps clarify what kind of objection can cast serious doubt on AAP. -/- The fourth paper (“Criminal Disenfranchisement, Political Wrongdoing, and Affected Interests”) asks: is AAP compatible with criminal disenfranchisement? AAP, when endorsed in combination with a plausible theory of punishment, is compatible with disenfranchising a narrow set of criminal wrongdoers only: those guilty of ‘political wrongdoing’, which is wrong primarily because it undermines democratic procedures and institutions for private gain. The upshot is that current blanket policies of criminal disenfranchisement are incompatible with AAP. (shrink)