A prominent way of justifying civil disobedience is to postulate a pro tanto duty to obey the law and to argue that the considerations that ground this duty sometimes justify forms of civil disobedience. However, this view entails that certain kinds of uncivil disobedience are also justified. Thus, either a) civil disobedience is never justified or b) uncivil disobedience is sometimes justified. Since a) is implausible, we should accept b). I respond to the objection that this ignores the fact that (...) civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

Despite the recent proliferation of scholarship on anarchism, very little attention has been paid to the historical and theoretical relationship between anarchism and philosophy. Seeking to fill this void, Brill's Companion to Anarchism and Philosophy draws upon the combined expertise of several top scholars to provide a broad thematic overview of the various ways anarchism and philosophy have intersected. Each of its 18 chapters adopts a self-consciously inventive approach to its subject matter, examining anarchism's relation to other philosophical theories and (...) systems within the Western intellectual tradition as well as specific philosophical topics, subdisciplines and methodological tendencies. (shrink)

Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open borders is (...) true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (shrink)

The Internet is used for every conceivable form of communication and it is therefore only natural that it should be used as an infrastructure even for protest and civil disobedience. The technology however brings with it the ability to carry out new forms of protest, in new environments and also involve changed consequences for those involved. This article looks at four criminal activities, which are used as active forms of Internet based protest in use today and analysis these forms in (...) relation to the traditional civil disobedience discourse. The analysis is done by studying four basic criteria (disobedience, civil, non‐violence and justification) found in tradition civil disobedience discourse and observing their applicability in online environments. The purpose of this article is to better understand the political protest activities carried out online and to see whether traditional civil disobedience theory embraces these new forms of political activism. (shrink)

Koopman’s book revolves around the notion of transition, which he proposes is one of the central ideas of the pragmatist tradition but one which had not previously been fully articulated yet nevertheless shapes the pragmatist attitude in philosophy. Transition, according to Koopman, denotes “those temporal structures and historical shapes in virtue of which we get from here to there”. One of the consequences of transitionalism is the understanding of critique and inquiry as historical pro...

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobedience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and (...) deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience. (shrink)

Like philosophy itself, Dune explores everything from politics to art to life to reality, but above all, the novels ponder the mysteries of mind. Voyaging through psychic expanses, Frank Herbert hits upon some of the same insights discovered by indigenous people from the Americas. Many of these ideas are repeated in mainstream American and European philosophical traditions like pragmatism and existential phenomenology. These outlooks share a regard for mind as ecological, which is more or less to say that minds extend (...) beyond the brain into the rest of the body and the surrounding environment. -/- The cross-cultural strands in Dune tie closely to Herbert’s life and interests. An outdoorsman born in the Pacific West, he had an abiding bond with a friend from the Quileute tribe, Howie Hansen. Herbert advocated for aboriginal rights and crafted well-intentioned if slightly stereotypical tales about indigenous characters, partly based on his visits with Northwest tribes. Carl Jung (1875-1961), whose idea of collective consciousness echoes aboriginal views, was among Herbert’s European influences. So was existential phenomenology, especially as developed by Martin Heidegger (1889-1976). The names of characters in one of Herbert’s novels—The Santaroga Barrier—in fact coincide with terms that Heidegger used to articulate how emotionally colored coping with our environment defines our existence. Many indigenous philosophers have treated phenomenology and its American cousin pragmatism in approving ways. Indeed, the ideas of North America’s first inhabitants seem to have been absorbed by pragmatists and even earlier by transcendentalists like Ralph Waldo Emerson (1803-1882) and Henry David Thoreau (1817-1862). -/- These different philosophies all advance a place-based psychology. Anne Waters, herself of mixed tribal heritage, generalizes the mindset of her people this way: “American Indian consciousness, and hence American Indian identity is … interdependent with our land base.” Lee Hester, a Choctaw thinker, adds that practices—not mere beliefs—are most important for native thought. American transcendentalists and pragmatists, as well as European phenomenologists, similarly see hands-on practices and environmental interactions as the core of experience. Extending this a little, they sometimes suggest experience isn’t individual but instead cultural. “Culture” is here understood as interactions within communities that define our worlds and experiences, as when we talk about the “French experience,” “culture” or “world,” or the “experience of parenthood.” This theme also shows up in indigenous thought. -/- Exploring the Dune universe, we find everything from land-based concepts of personal identity, to the idea of sharpening the mind through hands-on training, to collective notions of experience in cooperative tribes or through the genetic memory of central characters. The stories explore fate versus free will in cosmic contexts, introducing views from indigenous thought and the pragmatic philosophy of William James (1842-1910). Different forms of spiritualism mingle to shape minds and cultural mixtures around the globe, and the same occurs in the Dune series. The customs and personalities of characters fuse elements from Buddhism, Christianity, Hinduism, Judaism, Taoism, and especially Islam. The series not only highlights that religion shapes psychology, but also that faith connects to place, especially paralleling Judeo-Christian-Islamic desert faiths. In capturing these points, the Dune novels show that “our values, our lifestyles and even the ways we think and feel have been strongly influenced by our locations in history and geography. The study of the human mind is fundamentally the study of place.”. (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)

While philosophers usually agree that there is room for civil disobedience in democratic societies, they disagree as to the proper justification and role of civil disobedience. The field has so far been divided into two camps—the liberal approach on the one hand, which associates the justification and role of civil disobedience with the good of justice, and the democratic approach on the other, which connects them with the value and good of democracy. William Smith’s Civil Disobedience and Deliberative Democracy offers (...) a ‘deliberative’ theory, which constitutes an attractive synthesis of the two camps as it conceives of civil disobedience as a guardian of both justice and deliberative democracy. In this review essay, I first revisit the ‘problem’ of civil disobedience, examining in particular the two pillars of the case against civil disobedience as Smith depicts it, namely, the prohibition on legal disobedience established by the moral duty to comply, and the notion that civil disobedience strains the bonds of civic friendship. I suggest, contra, that the duty to comply as Smith defends it fails to be comprehensive because it is tightly bound to deliberative democratic procedures, which are involved in the making of only a portion of authoritative decisions; and, contra, that civil disobedience does not strain, but instead invigorates, civic friendship. Second, I entertain the possibility that citizens have a moral duty, not a mere right, to resist injustice. I show that Smith’s theory, in particular his account of the moral duty to comply, provides the resources to defend a general duty to resist injustice which, depending on the circumstances, can demand protesting the law or frustrating injustice. Third, I contend that Smith’s conception of the different contexts of injustice—he identifies three main ones—should be expanded to include what I call ‘official disrespect’ and ‘deliberative ignorance’. I argue that each context offers reasons to disobey the law but not necessarily in the civil manner determined by Smith. (shrink)

Deleuze and Guattari develop a notion of “minor literature” in their short book on Kafka, and the opposition major/minor has been used with varying degrees of success by critics working in a range of disciplines including architectural theory. Teasing out the potentially subversive implications of the major/minor opposition requires reading it in relation to other binarisms developed by Deleuze and Guattari in those same years, e.g., state/nomadic science, striated/smooth space, optic/haptic, as well as Guattari’s useful concept “machinic heterogenesis.” Then, one (...) ends up with a minor architecture concerned with partially subversive practices rather than with structure per se. A building’s minor status is figured through its deployment in and production of a space that is a technological, social and political pattern as well as a line of flight. This paper reads minor architecture by examining the minor house built by Henry David Thoreau at Walden Pond and those currently being assembled by the Mad Housers in Atlanta, Georgia. (shrink)

This dissertation offers a dialectical analysis of law creation insofar as legal rules and processes of social ordering are the products of interactions among agents inter se and between agents and legal institutions. This perspective demands that agents be regarded as contributing to the creation of law governing their own lives. The agents involved are not restricted to legal officials but include all persons with the capacity to exercise agency. This perspective of law creation is defended on the basis that (...) the dialectical analysis permits a better comprehension of the relationship between law and morality. The normative defence of the dialectical approach is based on four inter-related arguments. First, law creation is an instantiation of moral practice for "full insiders", these being agents committed to norms and intrinsic goods. Secondly, the conflicts ensuing from the interactions of agents tend to imbue legal authority with some degree of legitimacy through normative compromises. Thirdly, as the agents involved in this process exercise political freedom, they have the capacity to exercise judgement in mediating between a commitment to institutional structures that facilitate moral practice and a commitment to moral reasoning that can counsel the instigation of change. Lastly, even in the case of "truncated insiders", agents who are not committed to moral reasoning, there are certain weak prudential checks that exist within the games they play inhibiting unfair processes and unjust outcomes. (shrink)

Though all of the principal features of Rawls's definition of civil disobedience are in varying degrees unacceptable, one of these consists of the fertile but unargued suggestion that civil disobedience is a mode of address. The first half of the paper tests this by construing civil disobedience as a vehicle of non?natural meaning (but not necessarily of linguistic non?natural meaning) and so as operating the Gricean mechanism of a hierarchy of intentions and beliefs. This feature is absent from other definitions (...) but is essential if other kinds of conscientious illegality are to be contrasted. In the second half a definition is arrived at through rejections or modifications of the other Rawlsian conditions and by reference to some recent accounts of force and violence. It is hoped that the definition has the double advantage of being broadly congruent with our intuitions and of supplying a theoretical underpinning for what it includes and excludes. (shrink)

There has recently been a flurry of activity in the philosophy of language on how to best account for the unique features of epithets. One of these features is that epithets can be appropriated (that is, the offense-grounding potential of a term can be removed). We argue that attempts to appropriate an epithet fundamentally involve a violation of language-governing rules. We suggest that the other conditions that make something an attempt at appropriation are the same conditions that characterize acts of (...) civil disobedience. Accounting for attempts at appropriation is thus both a linguistic and socio-political endeavor. We demonstrate how these two facets of attempts at appropriation also help us understand the communicative features of civil disobedience. (shrink)

As Frank O’Hara mentions, “[i]n past times there was nature and there was human nature; because of the ferocity of modern life, man and nature have become one”. However, this statement is wrong as nature has, in fact, never been ‘neutral’, independent of human influence but has instead always been depicted and defined by humans. In the age of the Anthropocene, numerous are the ways of reconsidering our relationship with our physical environment and reframing the pastoral mode so that it (...) would best illustrate the interconnectedness between the human and the non-human. For example, Joshua Corey recently proposed an analysis of “postmodern pastoral poetry” in order to “enter this [very] zone of the pastoral”, meaning “the vision of humanity undivided from nature”. Nevertheless, Corey is himself with several other famous literary critics, or more specifically ecocritics, “part of this [ ] movement that seeks to define a pastoral that has avoided the traps of idealisation [or pastoral sentimentalism] in seeking a discourse that can both celebrate and take some responsibility for nature without false consciousness” or, in other words, a more ecocentric repossession of pastoral that Terry Gifford defines as “post-pastoral”. In this paper, my purpose is to analyse US post-pastoral non-fiction, mainly memoirs and essays that include a pastoral retreat in the natural landscape, to demonstrate the importance of relating humans to the natural landscape but also to the technological and toxic landscapes. In order to do so, I intend to use the concept of the toxic sublime and to revalue it as a new perspective in the study of the relationship between American literature and our physical environment. (shrink)

The Milgram and other situationist experiments support the real-life evidence that most of us are highly akratic and heteronomous, and that Aristototelian virtue is not global. Indeed, like global theoretical knowledge, global virtue is psychologically impossible because it requires too much of finite human beings with finite powers in a finite life; virtue can only be domain-specific. But unlike local, situation-specific virtues, domain-specific virtues entail some general understanding of what matters in life, and are connected conceptually and causally to our (...) traits in other domains. The experiments also make us aware of how easily unobtrusive situational factors can tap our susceptibilities to obedience, conformity, irresponsibility, cruelty, or indifference to others’ welfare, thereby empowering us to change ourselves for the better. Thus, they advance the Socratic project of living the examined life. I note a remarkable parallel between the results of the baseline Milgram experiments and the results of the learned helplessness experiments by Martin Seligman et al. This provides fresh insight into the psychology and character of the obedient Milgram subjects, and I use this insight to argue that pusillanimity, as Aristotle conceives of it, is part of a complete explanation of the behavior of the obedient Milgram subjects. (shrink)

Explores the basic forms of responsibility that we willingly assume and the collaborative fulfillment that we find in each.

Birmingham, Alabama was a racially segregated city up until 1963 when members of Southern Christian Leadership Conference (SCLC) began a movement to stop discrimination against the African American population. Though the movement itself was conducted in a peaceful nonviolent manner, opposition from the white civic authorities was often cruel and bloody. Images of protesters both young and old were projected across the news and made the American people think deeply about the problems within their country. Eventually, the protests paid off (...) and the Civil Rights Act of 1964 passed, prohibiting racial discrimination in public accommodations, facilities, transportation and the workplace. The outcome of the protests was positive, but it was a long and brutal journey for all of those involved. Although the Birmingham protesters did not attack anyone, they used the violence against them to gain sympathy. In the end, due to the very nature of man, nonviolent protest was used as a strategy rather than because it was the overwhelmingly noble means of protest. (shrink)

A powerful and moving philosophical reflection on revenge and forgiveness in our contemporary, conflict-fuelled world.

Resistance to paying war taxes that stems from a principled pacifism is not the same as tax-dodging and should be accommodated in the law by broadening the scope of Conscientious Objector (CO) status and by legislating a nonmilitary alternative fund so COs may redirect their tax money to peaceful uses. Using the religious example of the Society of Friends (Quakers) and various secular examples of pacifism I show that resisters’ conscientious opposition to paying for war is of a kind with (...) their conscientious refusal to carry arms. Their refusal to cooperate with military taxation is not disdain of the rule of law, but is a respectful form of civil disobedience. It is in the interest of justice for a liberal democracy to provide an option for conscientious objectors so they may satisfy their moral scruples without having to break the law. (shrink)