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Civil disobedience

Stanford Encyclopedia of Philosophy (2021)

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  1. Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.
    This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.
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  • Moral Principles and Political Obligations.A. John Simmons - 1979 - Princeton University Press.
    Every political theorist will need this book . . . . It is more 'important' than 90% of the work published in philosophy."--Joel Feinberg, University of Arizona.
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  • Political vandalism as counter‐speech: A defense of defacing and destroying tainted monuments.Ten-Herng Lai - 2020 - European Journal of Philosophy 28 (3):602-616.
    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 (...)
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  • The authority of law: essays on law and morality.Joseph Raz - 1979 - New York: Oxford University Press.
    Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : civil disobedience (...)
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  • (5 other versions)An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1789/2007 - Philosophical Review 45:527.
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  • Vandalizing Tainted Commemorations.Chong-Ming Lim - 2020 - Philosophy and Public Affairs 48 (2):185-216.
    What should we do about “tainted” public commemorations? Recent events have highlighted the urgency of reaching a consensus on this question. However, existing discussions appear to be dominated by two naïve opposing views – to remove or preserve them. My aims in this essay are two-fold. First, I argue that the two views are not naïve, but undergirded by concerns with securing self-respect and with the character of our engagement with the past. Second, I offer a qualified defence of vandalising (...)
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  • A Duty to Resist: When Disobedience Should Be Uncivil.Candice Delmas - 2018 - New York, USA: Oxford University Press.
    What are our responsibilities in the face of injustice? How far should we go to fight it? Many would argue that as long as a state is nearly just, citizens have a moral duty to obey the law. Proponents of civil disobedience generally hold that, given this moral duty, a person needs a solid justification to break the law. But activists from Henry David Thoreau and Mohandas Gandhi to the Movement for Black Lives have long recognized that there are times (...)
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  • Freedom and Fulfillment: Philosophical Essays.Joel Feinberg - 1992 - Princeton University Press.
    This collection concludes with two essays dealing with concepts used in appraising the whole of a person's life: absurdity and self-fulfillment, and their interplay.Dealing with a diverse set of problems in practical and theoretical ethics, ...
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  • Conscience and Conviction: The Case for Civil Disobedience.Kimberley Brownlee - 2012 - Oxford University Press UK.
    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 (...)
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  • Civil Disobedience.[author unknown] - 2018
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  • Ethics for Adversaries: The Morality of Roles in Public and Professional Life.Arthur Isak Applbaum - 1999 - Princeton University Press.
    The adversary professions--law, business, and government, among others--typically claim a moral permission to violate persons in ways that, if not for the professional role, would be morally wrong. Lawyers advance bad ends and deceive, business managers exploit and despoil, public officials enforce unjust laws, and doctors keep confidences that, if disclosed, would prevent harm. Ethics for Adversaries is a philosophical inquiry into arguments that are offered to defend seemingly wrongful actions performed by those who occupy what Montaigne called "necessary offices."Applbaum (...)
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  • Justifying Uncivil Disobedience.Ten-Herng Lai - 2019 - Oxford Studies in Political Philosophy 5:90-114.
    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 (...)
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  • Democratizing civil disobedience.Robin Celikates - 2016 - Philosophy and Social Criticism 42 (10):982-994.
    The goal of this article is to show that mainstream liberal accounts of civil disobedience fail to fully capture the latter’s specific characteristics as a genuinely political and democratic practice of contestation that is not reducible to an ethical or legal understanding either in terms of individual conscience or of fidelity to the rule of law. In developing this account in more detail, I first define civil disobedience with an aim of spelling out why the standard liberal model, while providing (...)
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  • (2 other versions)Civil disobedience.Kimberley Brownlee & Candice Delmas - 2021 - Stanford Encyclopedia of Philosophy.
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  • Political Rioting: A Moral Assessment.Avia Pasternak - 2018 - Philosophy and Public Affairs 46 (4):384-418.
    Philosophy &Public Affairs, Volume 46, Issue 4, Page 384-418, Fall 2018.
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  • Black Lives Matter and the Paradoxes of U.S. Black Politics.Juliet Hooker - 2016 - Political Theory 44 (4):448-469.
    This essay seeks to understand the complex response to the current Black Lives Matter protests against police violence, which pose deeper questions about the forms of politics that black citizens—who are experiencing a defining moment of racial terror in the United States in the twenty-first century—can and should pursue. When other citizens and state institutions betray a lack of care and concern for black suffering, which in turn makes it impossible for those wrongs to be redressed, is it fair to (...)
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  • Deliberation before the Revolution.Archon Fung - 2005 - Political Theory 33 (3):397-419.
    Deliberative democracy is a revolutionary political ideal that requires fundamental changes in political institutions, bases of collective decision making, and the distribution of resources. Perhaps because of its revolutionary character accounts of deliberation in political theory thus far have offered little guidance for actors in actually-existing democratic circumstances. This article develops an ethical account of deliberative democratic action under imperfectly just conditions characterized by material and political inequality and failures of reciprocity. Under such conditions, appropriate principles of action can resolve (...)
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  • To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr.Brandon M. Terry & Tommie Shelby (eds.) - 2018 - Harvard University Press.
    "On the 50th anniversary of Martin Luther King, Jr.'s, assassination, his political thought remains underappreciated. Tommie Shelby and Brandon Terry, along with a cast of distinguished contributors, engage critically with King's understudied writings on a wide range of compelling, challenging topics and rethink the legacy of this towering figure."--Provided by publisher.
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  • The Practice of Global Citizenship.Luis Cabrera - 2010 - Cambridge University Press.
    In this novel account of global citizenship, Luis Cabrera argues that all individuals have a global duty to contribute directly to human rights protections and to promote rights-enhancing political integration between states. The Practice of Global Citizenship blends careful moral argument with compelling narratives from field research among unauthorized immigrants, activists seeking to protect their rights, and the 'Minuteman' activists striving to keep them out. Immigrant-rights activists, especially those conducting humanitarian patrols for border-crossers stranded in the brutal Arizona desert, are (...)
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  • On a moral right to civil disobedience.David Lefkowitz - 2007 - Ethics 117 (2):202-233.
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  • Whistleblowing as civil disobedience.William E. Scheuerman - 2014 - Philosophy and Social Criticism 40 (7):609-628.
    The media hoop-la about Edward Snowden has obscured a less flashy yet more vital – and philosophically relevant – part of the story, namely the moral and political seriousness with which he acted to make the hitherto covert scope and scale of NSA surveillance public knowledge. Here I argue that we should interpret Snowden’s actions as meeting most of the demanding tests outlined in sophisticated political thinking about civil disobedience. Like Thoreau, Gandhi, King and countless other (forgotten) grass-roots activists, Snowden (...)
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  • (1 other version)A theory of justice.John Rawls - 1999 - Cambridge: Belknap Press of Harvard University Press.
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  • Unjust Borders: Individuals and the Ethics of Immigration.Javier S. Hidalgo - 2018 - Routledge.
    States restrict immigration on a massive scale. Governments fortify their borders with walls and fences, authorize border patrols, imprison migrants in detention centers, and deport large numbers of foreigners. Unjust Borders: Individuals and the Ethics of Immigration argues that immigration restrictions are systematically unjust and examines how individual actors should respond to this injustice. Javier Hidalgo maintains that individuals can rightfully resist immigration restrictions and often have strong moral reasons to subvert these laws. This book makes the case that unauthorized (...)
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  • Conflicts of law and morality.Kent Greenawalt (ed.) - 1987 - New York: Oxford University Press.
    Powerful emotion and pursuit of self-interest have many times led people to break the law with the belief that they are doing so with sound moral reasons. This study is a comprehensive philosophical and legal analysis of the gray area in which the foundations of law and morality clash. This objective book views these oblique circumstances from two perspectives: that of the person who faces a possible conflict between the claims of morality and law and must choose whether or not (...)
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  • On civil disobedience.Hugo A. Bedau - 1961 - Journal of Philosophy 58 (21):653-665.
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  • Terrorism and the Right to Resist: A Theory of Just Revolutionary War.Christopher J. Finlay - 2015 - Cambridge, UK: Cambridge University Press.
    The words 'rebellion' and 'revolution' have gained renewed prominence in the vocabulary of world politics and so has the question of justifiable armed 'resistance'. In this book Christopher J. Finlay extends just war theory to provide a rigorous and systematic account of the right to resist oppression and of the forms of armed force it can justify. He specifies the circumstances in which rebels have the right to claim recognition as legitimate actors in revolutionary wars against domestic tyranny and injustice, (...)
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  • Recent Theories of Civil Disobedience: An Anti‐Legal Turn?William E. Scheuerman - 2015 - Journal of Political Philosophy 23 (4):427-449.
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  • Is hacktivism the new civil disobedience?Candice Delmas - 2018 - Raisons Politiques 69 (1):63-81.
    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.
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  • Starve and Immolate: The Politics of Human Weapons.Banu Bargu - 2014 - Cambridge University Press.
    _Starve and Immolate_ tells the story of leftist political prisoners in Turkey who waged a deadly struggle against the introduction of high security prisons by forging their lives into weapons. Weaving together contemporary and critical political theory with political ethnography, Banu Bargu analyzes the death fast struggle as an exemplary though not exceptional instance of self-destructive practices that are a consequence of, retort to, and refusal of the increasingly biopolitical forms of sovereign power deployed around the globe. Bargu chronicles the (...)
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  • (1 other version)The Justifiability of Violent Civil Disobedience.John Morreall - 1976 - Canadian Journal of Philosophy 6 (1):35 - 47.
    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 (...)
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  • Global Poverty, Injustice, and Resistance.Gwilym David Blunt - 2019 - Cambridge: Cambridge University Press.
    Each year, millions of people die from poverty-related causes. In this groundbreaking and thought-provoking book, Gwilym David Blunt argues that the only people who will end this injustice are its victims, and that the global poor have the right to resist the causes of poverty. He explores how the right of resistance is used to reframe urgent political questions: is illegal immigration a form of resistance? Can transnational social movements, such as the indigenous rights movement, provide the foundations for civil (...)
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  • The Ethics of Revolution and Its Implications for the Ethics of Intervention.Allen Buchanan - 2013 - Philosophy and Public Affairs 41 (4):291-323.
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  • Looking forward to justice: Rawlsian civil disobedience and its non-Rawlsian lessons.Andrew Sabl - 2001 - Journal of Political Philosophy 9 (3):331–349.
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  • Features of a paradigm case of civil disobedience.Kimberley Brownlee - 2004 - Res Publica 10 (4):337-351.
    The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate (...)
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  • Is ecosabotage civil disobedience?Jennifer Welchman - 2001 - Philosophy and Geography 4 (1):97 – 107.
    According to current definitions of civil disobedience, drawn from the work of John Rawls and Carl Cohen, eco-saboteurs are not civil disobedients because their disobedience is not a form of address and/or does not appeal to the public's sense of justice or human welfare. But this definition also excludes disobedience by a wide range of groups, from labor activists to hunt saboteurs, either because they are obstructionist or because they address moral concerns other than justice or the public weal. However (...)
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  • Nonviolence in Political Theory.Iain Atack - 2012 - Edinburgh University Press.
    Iain Atack identifies the contribution of nonviolence to political theory through connecting central characteristics of nonviolent action to fundamental debates about the role of power and violence in politics. This in turn provides a platform for going beyond historical and strategic accounts of nonviolence to a deeper understanding of its transformative potential. From Mahatma Gandhi and Martin Luther King to toppled communist regimes in Eastern Europe and pro-democracy movements in Serbia, Georgia and Ukraine, nonviolent action has played a significant role (...)
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  • Civil Disobedience, Punishment, and Injustice.Candice Delmas - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 167-188.
    This chapter examines the tension between the justification and the punishment of civil disobedience, and theorists’ common solutions to it, by focusing on two central questions: first, should the state punish civil disobedience? Second, should the civil disobedient accept punishment? It presents the theoretical lay of the land on each of these questions, with particular attention to American jurisprudence on civil disobedience. The third part takes a step back to ask anew, how should we think about civil disobedience? and uncovers (...)
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  • Civil Disobedience and the Public Sphere.William Smith - 2011 - Journal of Political Philosophy 19 (2):145-166.
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  • How Democratic is Civil Disobedience?Daniel Weinstock - 2016 - Criminal Law and Philosophy 10 (4):707-720.
    In her book, Conscience and Conviction, Kimberley Brownlee argues that there is nothing undemocratic about the robust, primary right to civil disobedience that she devotes most of her argument to defending. To the contrary, she holds that there is nothing paternalistic about civil disobedients opposing the will of democratic majorities, because, inter alia, democratic majorities cannot claim particular epistemic superiority, and because there are flaws inherent to democratic procedures that civil disobedience addresses. I hold that Brownlee’s arguments fail. In particular, (...)
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  • Sanctuary Cities and Non-Refoulement.Michael Blake & Blake Hereth - 2020 - Ethical Theory and Moral Practice 23 (2):457-474.
    More than two hundred cities in the United States have now declared themselves to be sanctuary cities. This declaration involves a commitment to non-compliance with federal law; the sanctuary city will refuse to use its own juridical power – including, more crucially, its own police powers – to assist the federal government in the deportation of undocumented residents. We will argue that the sanctuary city might be morally defensible, even if deportation is not always wrong, and even if the federal (...)
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  • 4. Showdown for Nonviolence: The Theory and Practice of Nonviolent Politics.Karuna Mantena - 2018 - In Brandon M. Terry & Tommie Shelby (eds.), To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr. Harvard University Press. pp. 78-102.
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  • Fidelity to Truth: Gandhi and the Genealogy of Civil Disobedience.Alexander Livingston - 2018 - Political Theory 46 (4):511-536.
    Mohandas Gandhi is civil disobedience’s most original theorist and most influential mythmaker. As a newspaper editor in South Africa, he chronicled his experiments with satyagraha by drawing parallels to ennobling historical precedents. Most enduring of these were Socrates and Henry David Thoreau. The genealogy Gandhi invented in these years has become a cornerstone of contemporary liberal narratives of civil disobedience as a continuous tradition of conscientious appeal ranging from Socrates to King to Rawls. One consequence of this contemporary canonization of (...)
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  • Political Justification through Democratic Participation.Emanuela Ceva - 2015 - Social Theory and Practice 41 (1):26-50.
    On a proceduralist account of democracy, collective decisions derive their jus- tification—at least in part—from the qualities of the process through which they have been made. To fulfill its justificatory function, this process should ensure that citizens have an equal right to political participation as a respectful response to their equal status as agents capable of self-legislation. How should democratic participation be understood if it is to offer such a procedural justification for democratic decisions? I suggest that, in order to (...)
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  • Civil Disobedience in Focus.Hugo Adam Bedau (ed.) - 1991 - Routledge.
    The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo Adam (...)
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  • Power for the Powerless: Martin Luther King, Jr.’s Late Theory of Civil Disobedience.Alexander Livingston - 2020 - Journal of Politics 2 (82):700-713.
    Martin Luther King, Jr.’s “Letter from a Birmingham Jail” has been canonized as an essential statement of the political theory of civil disobedience. This article examines the early reception of King’s essay and the development of the liberal idea of civil disobedience it has become synonymous with to argue that its canonization coincided with, and displaced, the radicalization of King’s developing thinking about disobedience. It examines published and archival writings from 1965 through 1968 to reconstruct King’s power-oriented theory of “mass” (...)
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  • Civil Disobedience: A Philosophical Overview.Piero Moraro - 2019 - Lanham, Maryland: Rowman & Littlefield International.
    What is the difference between civil and uncivil disobedience? How can illegal protest be compatible with a democratic regime based on the rule of law? Is Edward Snowden a civil disobedient? This book follows the philosophical debate around these and other issues, showing how the notion of civil disobedience has evolved from a form of passive resistance against injustice, to an active way to engage with the political life of the community. The author presents the major contributions in political and (...)
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  • 14. Requiem for a Dream: The Problem-Space of Black Power.Brandon M. Terry - 2018 - In Brandon M. Terry & Tommie Shelby (eds.), To Shape a New World: Essays on the Political Philosophy of Martin Luther King, Jr. Harvard University Press. pp. 290-324.
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  • Tough Love: The Political Theology of Civil Disobedience.Alexander Livingston - 2020 - Perspectives on Politics 3 (18):851-866.
    Love is a key concept in the theory and history of civil disobedience yet it has been purposefully neglected in recent debates in political theory. Through an examination of Martin Luther King, Jr.’s paradoxical notion of “aggressive love,” I offer a critical interpretation of love as a key concept in a vernacular black political theology, and the consequences of love’s displacement by law in liberal theories of civil disobedience. The first section locates the origins of aggressive love in an earlier (...)
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  • A defence of jury nullification.Thom Brooks - 2004 - Res Publica 10 (4):401-423.
    In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss (...)
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  • (1 other version)Defining Civil Disobedience.Brian Smart - 1991 - In Hugo Adam Bedau (ed.), Civil Disobedience in Focus. Routledge.
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