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)

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 (...) when, rather than having a duty to obey the law, we have a duty to disobey it. -/- Taking seriously the history of this activism, A Duty to Resist wrestles with the problem of political obligation in real world societies that harbor injustice. Candice Delmas argues that the duty of justice, the principle of fairness, the Samaritan duty, and political association impose responsibility to resist under conditions of injustice. We must expand political obligation to include a duty to resist unjust laws and social conditions even in legitimate states. -/- For Delmas, this duty to resist demands principled disobedience, and such disobedience need not always be civil. At times, covert, violent, evasive, or offensive acts of lawbreaking can be justified, even required. Delmas defends the viability and necessity of illegal assistance to undocumented migrants, leaks of classified information, distributed denial-of-service (DDoS) attacks, sabotage, armed self-defense, guerrilla art, and other modes of resistance. There are limits: principle alone does not justify law breaking. But uncivil disobedience can sometimes be not only permissible but required in the effort to resist injustice. (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)

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 (...) has in fact articulated a powerful defense of why he was morally obligated to engage in politically motivated law-breaking. He has also undertaken impressive efforts to explain how his actions are distinguishable from ordinary criminality, and why they need not culminate in reckless lawlessness. In fact, his example can perhaps help us advance liberal and democratic ideas about civil disobedience. First, it highlights sound reasons why, pace the orthodox view, the acceptance of punishment by those engaging in civil disobedience should not be seen as a precondition of its legitimacy. Second, Snowden reminds us that ours is an era in which intensified globalization processes directly shape every feature of political existence. Defenders of civil disobedience need to update their reflections accordingly. (shrink)

Here lies the vocation of those who preserve our understanding of past theories, who sharpen our sense of the subtle, complex interplay between political experience and thought, and who preserve our memory of the agonizing efforts of intellect to restate the possibilities and threats posed by political dilemmas of the past. —Sheldon S. Wolin, “Political Theory as a Vocation”In the same way in which the great transformation of the first industrial revolution destroyed the social and political structures as well as (...) the legal categories of the ancien regime, terms such as sovereignty, right, nation, people, democracy, and general will by now refer to a reality that no longer has anything to do with what these concepts used to designate—and those who continue to use these concepts uncritically literally do not know what they are talking about. —Giorgio Agamben, Means without Ends: Notes on PoliticsLooking obliquely at the edges of things, where they come together with other things, can tell you as much about them, often, as can looking at them directly, intently, straight on. —Clifford Geertz, “The Near East in the Far East”. (shrink)

Beyond the reaches of scholarly debates about how to define and value civility properly, social actors across various institutional domains routinely demarcate civil from uncivil behavior. Yet this everyday classification process remains understudied and undertheorized, despite being widespread and having significant stakes for the individuals and groups involved. This article begins to fill this gap by developing the concept of civility contests—practical efforts to draw symbolic boundaries between civil and uncivil individuals, groups, or behaviors. Through a focus on the realm (...) of political protest in the United States, this article demonstrates that civility contests involve a wide range of political actors (including institutionalized power holders, opposing movements, and the media) who engage in this boundary-work in order to justify the control or (de)legitimation of protest. It then highlights patterned disparities in the outcomes of these contests, demonstrating that the likelihood of being marked as uncivil and the extent to which this prompts negative social sanction is shaped by one’s social position. Overall, the article seeks to stimulate and guide future empirical research on civility contests and to deepen theoretical understandings of the relationship between symbolic and social boundaries and the role of symbolic boundary-work in the reproduction of political inequality. (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...

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 (...) Gandhi’s narrative, however, has been to obscure the radical critique of violence that originally motivated it. This essay draws on Edward Said’s account of travelling theory to unsettle the myth of doctrine that has formed around civil disobedience. By placing Gandhi’s genealogy in the context of his critique of modern civilization, as well as his formative but often-overlooked encounter with the British women’s suffrage movement, it reconstructs Gandhi’s paradoxical notion that sacrificial political action is the fullest expression of self-rule. For Gandhi, Socrates and Thoreau exemplify civil disobedience as a fearless practice of fidelity to truth profoundly at odds with liberal conceptions of disobedience as fidelity to law. (shrink)

v. 1. Regarding method -- v. 2. Renaissance virtues -- v. 3. Hobbes and civil science.

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 (...) ask blacks to enact “appropriate” democratic politics? These questions are explored via a reading of Danielle Allen and Ralph Ellison’s meditations on the problem of democratic loss and Hannah Arendt’s critique of school desegregation battles in the 1960s. I suggest that there is a conceptual trap in romantic historical narratives of black activism (especially the civil rights movement) that recast peaceful acquiescence to loss as a form of democratic exemplarity. (shrink)

How should politicians act? When should they try to lead public opinion and when should they follow it? Should politicians see themselves as experts, whose opinions have greater authority than other people's, or as participants in a common dialogue with ordinary citizens? When do virtues like toleration and willingness to compromise deteriorate into moral weakness? In this innovative work, Andrew Sabl answers these questions by exploring what a democratic polity needs from its leaders. He concludes that there are systematic, principled (...) reasons for the holders of divergent political offices or roles to act differently. Sabl argues that the morally committed civil rights activist, the elected representative pursuing legislative results, and the grassroots organizer determined to empower ordinary citizens all have crucial democratic functions. But they are different functions, calling for different practices and different qualities of political character. To make this case, he draws on political theory, moral philosophy, leadership studies, and biographical examples ranging from Everett Dirksen to Ella Baker, Frances Willard to Stokely Carmichael, Martin Luther King Jr. to Joe McCarthy. Ruling Passions asks democratic theorists to pay more attention to the "governing pluralism" that characterizes a diverse, complex democracy. It challenges moral philosophy to adapt its prescriptions to the real requirements of democratic life, to pay more attention to the virtues of political compromise and the varieties of human character. And it calls on all democratic citizens to appreciate "democratic constancy": the limited yet serious standard of ethical character to which imperfect democratic citizens may rightly hold their leaders--and themselves. (shrink)