Previous edition, 1st, published in 1971.

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)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

It is still an open question whether or not Civil Disobedience (CD) has to be completely nonviolent. According to Rawls, “any interference with the civil liberties of others tend to obscure the civilly disobedient quality of one's act”. From this Rawls concludes that by no means can CD pose a threath to other individuals' rights. In this paper I challenge Rawls' view, arguing that CD can comprise some degree of violence without losing its “civil” value. However, I specify that violence (...) must not be aimed at seriously injuring, or even killing, other individuals. This would contravene the communicative aspect of CD. The main claim is that what really is important is that the civil disobedients be willing to accept the punishment following their law-breaking behaviour. By doing so, they demonstrate the conscientiousness of their civilly disobedient action. This also shows that they are aiming for future cooperation with the State, and are expecting the State to be sensitive to their concern for the principles of justice. (shrink)

In most discussions of civil disobedience, certain characteristics are offered as essential to an act of justifiable civil disobedience, or sometimes to any act of civil disobedience. Among these one of the most frequently mentioned is nonviolence. Some thinkers, like Bedau and Wasserstrom, require an act to be nonviolent before they will even count it as an act of civil disobedience; the very concept for them includes the notion of nonviolence. Others, like Stuart Brown, Rex Martin and Michael Bayles, admit (...) the possibility of a violent act of civil disobedience; but hold that, though nonviolent civil disobedience is justifiable, violent civil disobedience is not justifiable. (shrink)

ABSTRACT Violence is a central idea for political theory but there is very little agreement about how it should be understood. This paper examines some fashionable approaches to the concept and argues against ‘wide’ definitions, particularly those of the ‘structuralist’ variety of which that offered by the sociologist, Johan Galtung, is taken as typical. A critique is also given of ‘legitimist’ definitions which incorporate some strong notion of illegitimacy into the very meaning of violence. Structuralist definitions are much favoured by (...) the political left whereas legitimist accounts are more common on the right but these connections, though psychologically understandable, are not logically tight. Both structuralist and legitimist analyses are criticised on conceptual and practical grounds and a defence of a more restricted definition is presented. The paper concludes with some remarks about the point of having a concept of violence of the type delineated. (shrink)

We see nonviolent resistance all over today’s world, from Egypt’s Tahrir Square to New York Occupy. Although we think of the last century as one marked by wars and violent conflict, in fact it was just as much a century of nonviolence as the achievements of Mohandas Gandhi and Martin Luther King, Jr. and peaceful protests like the one that removed Ferdinand Marcos from the Philippines clearly demonstrate. But what is nonviolence? What makes a campaign a nonviolent one, and how (...) does it work? What values does it incorporate? In this unique study, Todd May, a philosopher who has himself participated in campaigns of nonviolent resistance, offers the first extended philosophical reflection on the particular and compelling political phenomenon of nonviolence. Drawing on both historical and contemporary examples, he examines the concept and objectives of nonviolence, and considers the different dynamics of nonviolence, from moral jiu-jitsu to nonviolent coercion. May goes on to explore the values that infuse nonviolent activity, especially the respect for dignity and the presupposition of equality, before taking a close-up look at the role of nonviolence in today’s world. Students of politics, peace studies, and philosophy, political activists, and those interested in the shape of current politics will find this book an invaluable source for understanding one of the most prevalent, but least reflected upon, political approaches of our world. (shrink)

Oxford Legal Philosophy publishes the best new work in philosophically-oriented legal theory. It commissions and solicits monographs in all branches of the subject, including works on philosophical issues in all areas of public and private law, and in the national, transnational, and international realms; studies of the nature of law, legal institutions, and legal reasoning; treatments of problems in political morality as they bear on law; and explorations in the nature and development of legal philosophy itself. The series represents diverse (...) traditions of thought but always with an emphasis on rigour and originality. It sets the standard in contemporary jurisprudence.This book shows that civil disobedience is generally more defensible than private conscientious objection.Part I explores the morality of conviction and conscience. Each of these concepts informs a distinct argument for civil disobedience. The conviction argument begins with the communicative principle of conscientiousness. According to the CPC, having a conscientious moral conviction means not just acting consistently with our beliefs and judging ourselves and others by a common moral standard. It also means not seeking to evade the consequences of our beliefs and being willing to communicate them to others. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. This view reverses the standard liberal picture which sees private 'conscientious' objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing.The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience.Part II translates the conviction argument and conscience argument into two legal defences. The first is a demands-of-conviction defence. The second is a necessity defence. Both of these defences apply more readily to civil disobedience than to private disobedience. Part II also examines lawful punishment, showing that, even when punishment is justifiable, civil disobedients have a moral right not to be punished. (shrink)