We are all ambivalent at every turn. “Should I skip class on this gorgeous spring day?” “Do I really want to marry Eric?” Despite being uncomfortable and unsettling, there are some forms of ambivalence that are appropriate and responsible. Even when they seem trivial and superficial, they reveal some of our deepest values, the self-images we would like to project. In this paper, I analyze collaborative ambivalence, the kind of ambivalence that arises from our identity-forming close relationships. The sources and (...) resolutions of collaborative ambivalence reveal how much of our thinking—and so also of our motivational structure—emerges from the details of our collaborative and dialogical engagements. The imaginative skills and strategies exercised in remaining justifiably of two minds—of preserving appropriate ambivalence—are central to practical reasoning. Because these skills provide models for addressing conflicts in the public sphere, because they prompt shared deliberation, they are among the civic virtues. (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)