The fundamental question of the ethics of belief is "What ought one to believe?" According to the traditional view of evidentialism, the strength of one's beliefs should be proportionate to the evidence. Conventional ways of defending and challenging evidentialism rely on the idea that what one ought to believe is a matter of what it is rational, prudent, ethical, or personally fulfilling to believe. Common to all these approaches is that they look outside of belief itself to determine what one (...) ought to believe. In this book Jonathan Adler offers a strengthened version of evidentialism, arguing that the ethics of belief should be rooted in the concept of belief—that evidentialism is belief's own ethics. A key observation is that it is not merely that one ought not, but that one cannot, believe, for example, that the number of stars is even. The "cannot" represents a conceptual barrier, not just an inability. Therefore belief in defiance of one's evidence (or evidentialism) is impossible. Adler addresses such questions as irrational beliefs, reasonableness, control over beliefs, and whether justifying beliefs requires a foundation. Although he treats the ethics of belief as a central topic in epistemology, his ideas also bear on rationality, argument and pragmatics, philosophy of religion, ethics, and social cognitive psychology. (shrink)

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.

In der 1785 veröffentlichten Grundlegung zur Metaphysik der Sitten formuliert Kant erstmals die Prinzipien einer universalistischen Ethik der Autonomie, deren Einfluß bis heute ungebrochen ist. Schon beim Übergang von der gemeinen zur philosophischen Vernunfterkenntnis findet man die Hauptgedanken: In der Ethik geht es nicht primär um das gute Leben und das Glück, und es geht auch zunächst nicht darum, welche Handlungserfolge erzielt werden; Gegenstand moralischer Hochschätzung sind vielmehr Intentionen und Maximen. Gut ist, was für alle vernünftigen Wesen gilt, weil es (...) von ihnen als autonomen und vernünftigen Wesen gewollt wird. Die Schrift ist kurz, einfach gegliedert und verständlich geschrieben. Sie eignet sich daher als Einführung in Kants Ethik, enthält aber zugleich als Grundlegung alle wesentlichen Gedanken seiner praktischen Philosophie. Auf der Grundlage der Originalausgabe von 1785/86 wurde der Text völlig neu erstellt. Eines der wichtigsten Bücher der Philosophiegeschichte liegt damit in einer zuverlässigen und preisgünstigen Neuausgabe vor. (shrink)

Presents historical evidence which reveals the origins of man's moral values and social responsibility in primitive religions and life experiences of the ancient Egyptians of 5000 B.C.

From Descartes to Popper, philosophers have criticized and tried to improve the strategies of reasoning invoked in science and in everyday life. In recent years leading cognitive psychologists have painted a detailed, controversial, and highly critical portrait of common sense reasoning. Stephen Stich begins with a spirited defense of this work and a critique of those writers who argue that widespread irrationality is a biological or conceptual impossibility.Stich then explores the nature of rationality and irrationality: What is it that distinguishes (...) good reasoning from bad? He rejects the most widely accepted approaches to this question approaches which unpack rationality by appeal to truth, to reflective equilibrium or conceptual analysis. The alternative he defends grows out of the pragmatic tradition in which reasoning is viewed as a cognitive tool. Stich's version of pragmatism leads to a radical epistemic relativism and he argues that the widespread abhorrence of relativism is ill founded. (shrink)

The foundation for a system of morals, this 1749 work is a landmark of moral and political thought. Its highly original theories of conscience, moral judgment, and virtue offer a reconstruction of the Enlightenment concept of social science, embracing both political economy and theories of law and government.

Today the question of the moral foundations of democracy is more important then ever. In this book the author helps to explain when and why democracy is important and also gives us guidance as to how democracies ought to be shaped.

Recognition of conscientious objection seems reasonable in relation to controversial and contentious issues, such as physician assisted suicide and abortion. However, physicians also advance conscience‐based objections to actions and practices that are sanctioned by established norms of medical ethics, and an account of their moral force can be more elusive in such contexts. Several possible ethical justifications for recognizing appeals to conscience in medicine are examined, and it is argued that the most promising one is respect for moral integrity. It (...) is also argued that an appeal to conscience has significant moral weight only if the core ethical values on which it is based correspond to one or more core values in medicine. Finally, several guidelines pertaining to appeals to conscience and their ethical evaluation are presented. (shrink)

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, (...) her argument fails because it does not properly construe the nature of the epistemic claim that can be made either by democratic procedures or by civil disobedients, and because it illegitimately conflates the concern about permanent minorities that has been a constant thorn in the side of democratic theorists, with a concern with all outvoted minorities, whether permanent minorities or not. (shrink)

I won’t, but my colleague will: referral as a solution for conscientious objections in the workplace A policy of ‘refusing and referring’ allows conscientious objectors to refrain from the action they object to, as long as they can refer to a willing colleague. This policy is often presented as a pragmatic solution to the problem of conscientious objection in the workplace. In this paper, I reflect on the merits and the shortcomings of this strategy. I will analyse the current situation (...) in Belgium and in the Netherlands (section 2), where ‘refusal and referral’ is a preferred way to deal with conscientious objections. This context serves as a touchstone for arguments about conscientious objection in the workplace. Contrary to those authors that dismiss it as merely pragmatic, I argue that referral responds to value conflicts that are unavoidable in pluralistic liberal democracies (section 3). And contrary to those who criticize it as a tactical, non-moral compromise, I argue in section 4 that it is in some cases pervaded by moral values like respect for others. Finally, in section 5 I show that referral does not necessarily clash with professional values, but that it can be problematic when it confirms patterns of discrimination. (shrink)

Recently psychologists and experimental philosophers have reported findings showing that in some cases ordinary people's moral intuitions are affected by factors of dubious relevance to the truth of the content of the intuition. Some defend the use of intuition as evidence in ethics by arguing that philosophers are the experts in this area, and philosophers' moral intuitions are both different from those of ordinary people and more reliable. We conducted two experiments indicating that philosophers and non-philosophers do indeed sometimes have (...) different moral intuitions, but challenging the notion that philosophers have better or more reliable intuitions. (shrink)

The literature on conscience in medicine has paid little attention to what is meant by the word ‘conscience.’ This article distinguishes between retrospective and prospective conscience, distinguishes synderesis from conscience, and argues against intuitionist views of conscience. Conscience is defined as having two interrelated parts: (1) a commitment to morality itself; to acting and choosing morally according to the best of one’s ability, and (2) the activity of judging that an act one has done or about which one is deliberating (...) would violate that commitment. Tolerance is defined as mutual respect for conscience. A set of boundary conditions for justifiable respect for conscientious objection in medicine is proposed. (shrink)

If explicit cognition about morality promotes moral behavior then one might expect ethics professors to behave particularly well. However, professional ethicists' behavior has never been empirically studied. The present research examined the rates at which ethics books are missing from leading academic libraries, compared to other philosophy books similar in age and popularity. Study 1 found that relatively obscure, contemporary ethics books of the sort likely to be borrowed mainly by professors and advanced students of philosophy were actually about 50% (...) more likely to be missing than non-ethics books. Study 2 found that classic (pre-1900) ethics books were about twice as likely to be missing. (shrink)

Moral judgements are based on automatic processes. Moral judgements are based on reason. In this paper, I argue that both of these claims are true, and show how they can be reconciled. Neither the automaticity of moral judgement nor the post hoc nature of conscious moral reasoning pose a threat to rationalist models of moral cognition. The relation moral reasoning bears to our moral judgements is not primarily mediated by episodes of conscious reasoning, but by the acquisition, formation and maintenance (...) ? in short: education ? of our moral intuitions. (shrink)

Over the last 20 years, a number of central figures in moral philosophy have defended some version of moral rationalism, the idea that morality is based on reason or rationality (e.g., Gewirth 1978, Darwall 1983, Nagel 1970, 1986, Korsgaard 1986, Singer 1995; Smith 1994, 1997). According to rationalism, morality is based on reason or rationality rather than the emotions or cultural idiosyncrasies, and this has seemed to many to be the best way of securing a kind of objectivism about moral (...) claims. Consider the following representative statements. (shrink)

Access to abortion services in the United States continues to decline. It does so not because of significant changes in legislation or court rulings but because fewer and fewer physicians wish to perform abortions and because most states now have "conscientious objection" legislation that makes it easy for physicians to refuse to do so. We argue in this paper that physicians have an obligation to perform all socially sanctioned medical services, including abortions, and thus that the burden of justification lies (...) upon those who wish to be excused from that obligation. That is, such persons should have to show how requiring them to perform abortions would represent a serious threat to their fundamental moral or religious beliefs. We use current California law as an example of legislation that does not take physicians' obligations into account and thus allows them too easily to declare conscientious objection. (shrink)

This paper makes two main claims: first, that the need to protect health professionals' moral integrity is what grounds the right to conscientious objection in health care; and second, that for a given claim of conscientious objection to be acceptable to society, a certain set of criteria should be fulfilled. The importance of moral integrity for individuals and society, including its special role in health care, is advocated. Criteria for evaluating the acceptability of claims to conscientious objection are outlined. The (...) precise content of the criteria is dictated by the two main interests that are at stake in the dilemma of conscientious objection: the patient's interests and the health professional's moral integrity. Alternative criteria proposed by other authors are challenged. The bold claim is made that conscientious objection should be recognised by society as acceptable whenever the five main criteria of the proposed set are met. (shrink)

John Mackie's stimulating book is a complete and clear treatise on moral theory. His writings on normative ethics-the moral principles he recommends-offer a fresh approach on a much neglected subject, and the work as a whole is undoubtedly a major contribution to modern philosophy.The author deals first with the status of ethics, arguing that there are not objective values, that morality cannot be discovered but must be made. He examines next the content of ethics, seeing morality as a functional device, (...) basically the same at all times but changing significantly in response to changes in the human condition. He sketches a practical moral system, criticizing but also borrowing from both utilitarian and absolutist views. Thirdly, the frontiers of ethics, areas of contact with psychology, metaphysics, theology, law and politcs, are explored.Throughout, his aim is to discuss a wide range of questions that are both philosophical and practical, working within a distinctive version of subjectivism-an "error" theory of the apparent objectivity of values. John Mackie has drawn on the contributions of such classic thinkers as Plato, Aristotle, Hobbes, Hume, Kant and Sidgwick, and on more recent discussions, to produce a thought-provoking account that will inspire both the general reader and the student of philosophy. (shrink)

In this book Douglas Langston traces its intellectual history to account for its neglect while arguing for its still vital importance, if correctly understood.

Conscience, once a core concept for ethics, has mostly disappeared from modern moral theory. In this book Douglas Langston traces its intellectual history to account for its neglect while arguing for its still vital importance, if correctly understood. In medieval times, Langston shows in Part I, the notions of "conscientia" and "synderesis" from which our contemporary concept of conscience derives were closely connected to Greek ideas about the virtues and practical reason, although in Christianized form. As modified by Luther, Butler, (...) and Kant, however, conscience later came to be regarded as a faculty like will and intellect, and when faculty psychology fell into disrepute, so did the role of conscience in moral philosophy. A view of mature conscience that sees it as relational, with cognitive, emotional, and conative dimensions, can survive the criticisms of conscience as faculty. In Part II, through discussions of Freud, Ryle, and other modern thinkers, Langston proceeds to reconstruct conscience as a viable philosophical concept. Finally, in Part III, this better grounded concept is connected with the modern revival of virtue ethics, and Langston shows how crucial conscience is to a theory of virtue because it is fundamental to the training of any morally good person. (shrink)

In this work, the author has fashioned out of the logical and linguistic theses of his earlier books a full-scale but readily intelligible account of moral argument.

Research on moral judgment has been dominated by rationalist models, in which moral judgment is thought to be caused by moral reasoning. The author gives 4 reasons for considering the hypothesis that moral reasoning does not cause moral judgment; rather, moral reasoning is usually a post hoc construction, generated after a judgment has been reached. The social intuitionist model is presented as an alternative to rationalist models. The model is a social model in that it deemphasizes the private reasoning done (...) by individuals and emphasizes instead the importance of social and cultural influences. The model is an intuitionist model in that it states that moral judgment is generally the result of quick, automatic evaluations (intuitions). The model is more consistent than rationalist models with recent findings in social, cultural, evolutionary, and biological psychology, as well as in anthropology and primatology. (shrink)

An analogy is sometimes drawn between the proper treatment of conscientious objectors in healthcare and in military contexts. In this paper, I consider an aspect of this analogy that has not, to my knowledge, been considered in debates about conscientious objection in healthcare. In the USA and elsewhere, tribunals have been tasked with the responsibility of recommending particular forms of alternative service for conscientious objectors. Military conscripts who have a conscientious objection to active military service, and whose objections are deemed (...) acceptable, are required either to serve the military in a non-combat role, or assigned some form of community service that does not contribute to the effectiveness of the military. I argue that consideration of the role that military tribunals have played in determining the appropriate form of alternative service for conscripts who are conscientious objectors can help us to understand how conscientious objectors in healthcare ought to be treated. Additionally, I show that it helps us to address the vexed issue of whether or not conscientious objectors who refuse to provide a service requested by a patient should be required to refer that patient to another healthcare professional. (shrink)

Some medical services have long generated deep moral controversy within the medical profession as well as in broader society and have led to conscientious refusals by some physicians to provide those services to their patients. More recently, pharmacists in a number of states have refused on grounds of conscience to fill legal prescriptions for their customers. This paper assesses these controversies. First, I offer a brief account of the basis and limits of the claim to be free to act on (...) one’s conscience. Second, I sketch an account of the basis of the medical and pharmacy professions’ responsibilities and the process by which they are specified and change over time. Third, I then set out and defend what I call the “conventional compromise” as a reasonable accommodation to conflicts between these professions’ responsibilities and the moral integrity of their individual members. Finally, I take up and reject the complicity objection to the conventional compromise. Put together, this provides my answer to the question posed in the title of my paper: “Conscientious refusal by physicians and pharmacists: who is obligated to do what, and why?”. (shrink)

The subject of this paper, Excuses, is one not to be treated, but only to be introduced, within such limits. It is, or might be, the name of a whole branch, even a ramiculated branch, of philosophy, or at least of one fashion of philosophy. I shall try, therefore, first to state what the subject is, why it is worth studying, and how it may be studied, all this at a regrettably lofty level: and then I shall illustrate, in more (...) congenial but desultory detail, some of the methods to be used, together with their limitations, and some of the unexpected results to be expected and lessons to be learned. Much, of course, of the amusement, and of the instruction, comes in drawing the coverts of the microglot, in hounding down the minutiae, and to this I can do no more here than incite you. But I owe it to the subject to say, that it has long afforded me what philosophy is so often thought, and made, barren of -- the fun of discovery, the pleasures of co-operation, and the satisfaction of reaching agreement. (shrink)

Most contemporary moral philosophy is concerned with issues of rationality, universality, impartiality, and principle. By contrast Laurence Blum is concerned with the psychology of moral agency. The essays in this collection examine the moral import of emotion, motivation, judgment, perception, and group identifications, and explore how all these psychic capacities contribute to a morally good life. Blum takes up the challenge of Iris Murdoch to articulate a vision of moral excellence that provides a worthy aspiration for human beings. Drawing on (...) accounts of non-Jewish rescuers of Jews during the Holocaust Blum argues that impartial principle can mislead us about the variety of forms of moral excellence. (shrink)

We can see a theft, hear a lie, and feel a stabbing. These are morally important perceptions. But are they also moral perceptions--distinctively moral responses? In this book, Robert Audi develops an original account of moral perceptions, shows how they figure in human experience, and argues that they provide moral knowledge. He offers a theory of perception as an informative representational relation to objects and events. He describes the experiential elements in perception, illustrates moral perception in relation to everyday observations, (...) and explains how moral perception justifies moral judgments and contributes to objectivity in ethics. -/- Moral perception does not occur in isolation. Intuition and emotion may facilitate it, influence it, and be elicited by it. Audi explores the nature and variety of intuitions and their relation to both moral perception and emotion, providing the broadest and most refined statement to date of his widely discussed intuitionist view in ethics. He also distinguishes several kinds of moral disagreement and assesses the challenge it poses for ethical objectivism. -/- Philosophically argued but interdisciplinary in scope and interest, Moral Perception advances our understanding of central problems in ethics, moral psychology, epistemology, and the theory of the emotions. (shrink)

In this book Jonathan Adler offers a strengthened version of evidentialism, arguing that the ethics of belief should be rooted in the concept of belief--that...

In this 2002 book, Anna Elisabetta Galeotti examines the most intractable problems which toleration encounters and argues that what is really at stake is not religious or moral disagreement but the unequal status of different social groups. Liberal theories of toleration fail to grasp this and consequently come up with normative solutions that are inadequate when confronted with controversial cases. Galeotti proposes, as an alternative, toleration as recognition, which addresses the problem of according equal respect to groups as well as (...) equal liberty to individuals. She offers an interpretation that is both a revision and an expansion of liberal theory, in which toleration constitutes an important component not only of a theory of justice, but also of the politics of identity. Her study will appeal to a wide range of readers in political philosophy, political theory, and law. (shrink)

Iris Murdoch was one of the great philosophers and novelists of the twentieth century and The Sovereignty of Good is her most important and enduring philosophical work. She argues that philosophy has focused, mistakenly, on what it is right to do rather than good to be and that only by restoring the notion of ‘vision’ to moral thinking can this distortion be corrected. This brilliant work shows why Iris Murdoch remains essential reading: a vivid and uncompromising style, a commitment to (...) forceful argument, and a courage to go against the grain. With a foreword by Mary Midgley. (shrink)

Iris Murdoch once observed: 'philosophy is often a matter of finding occasions on which to say the obvious'. What was obvious to Murdoch, and to all those who read her work, is that Good transcends everything - even God. Throughout her distinguished and prolific writing career, she explored questions of Good and Bad, myth and morality. The framework for Murdoch's questions - and her own conclusions - can be found here.

The concept of toleration plays a central role in pluralistic societies. It designates a stance which permits conflicts over beliefs and practices to persist while at the same time defusing them, because it is based on reasons for coexistence in conflict - that is, in continuing dissension. A critical examination of the concept makes clear, however, that its content and evaluation are profoundly contested matters and thus that the concept itself stands in conflict. For some, toleration was and is an (...) expression of mutual respect in spite of far-reaching differences, for others, a condescending, potentially repressive attitude and practice. Rainer Forst analyses these conflicts by reconstructing the philosophical and political discourse of toleration since antiquity. He demonstrates the diversity of the justifications and practices of toleration from the Stoics and early Christians to the present day and develops a systematic theory which he tests in discussions of contemporary conflicts over toleration. (shrink)

Konrad Morgen: The Conscience of a Nazi Judge recounts the wartime career of Georg Konrad Morgen (1909–1982), a judge who prosecuted crimes committed by members of the SS in Nazi concentration camps, including Buchenwald, Dachau, and Auschwitz. In 1943, Morgen discovered the existence of gas chambers at Auschwitz-Birkenau. He tried to throw sand in the works by prosecuting concentration camp officials for lesser crimes. He charged the chief of the Auschwitz Gestapo with for 2,000 murders, and even sought an arrest (...) warrant for Adolf Eichmann. Yet he worked within the ethos of the SS and continued to defend its reputation after the war. The book is a moral biography of Morgen, focusing on how he felt, thought, and deliberated about the moral challenges of his unique position. It explores Morgen’s moral and legal reasoning by drawing on his wartime papers as well as his postwar interrogations and testimonies at war-crimes trials. What emerges is a case study in moral complexity. (shrink)

THE FIRST EDITION of this book was based primarily on experience with adult male psychopaths hospitalized in a closed institution. Though a great many other psychopaths had come to my attention, most of the patients who were observed over years and from whom emerged the basic concepts presented in 1941 were from this group. During the next decade a much more diverse group became available. Female patients, adolescents, people who had never been admitted to a psychiatric hospital, all in large (...) numbers, became available for study and afforded an opportunity to observe the disorder in a very wide range of variety and of degree. This additional clinical experience, helpful comment in the reviews of the first edition, enlightening discussion with colleagues, and an improved acquaintance with the literature all contributed to modify concepts formulated approximately ten years earlier. In attempting to revise the book for the second edition (1950), I found it was impossible to do justice to the subject by minor additions, deletions, and modifications. It was necessary to write a new and much larger book. (shrink)

本书中,作者直接剖析了心理变态者,并提出了"其本质是什么"这一令人困扰的问题,揭开了心理变态者的神秘面纱.

A leading cognitive scientist argues that a deep sense of good and evil is bred in the bone. From John Locke to Sigmund Freud, philosophers and psychologists have long believed that we begin life as blank moral slates. Many of us take for granted that babies are born selfish and that it is the role of society—and especially parents—to transform them from little sociopaths into civilized beings. In Just Babies, Paul Bloom argues that humans are in fact hardwired with a (...) sense of morality. Drawing on groundbreaking research at Yale, Bloom demonstrates that, even before they can speak or walk, babies judge the goodness and badness of others’ actions; feel empathy and compassion; act to soothe those in distress; and have a rudimentary sense of justice. -/- Still, this innate morality is limited, sometimes tragically. We are naturally hostile to strangers, prone to parochialism and bigotry. Bringing together insights from psychology, behavioral economics, evolutionary biology, and philosophy, Bloom explores how we have come to surpass these limitations. Along the way, he examines the morality of chimpanzees, violent psychopaths, religious extremists, and Ivy League professors, and explores our often puzzling moral feelings about sex, politics, religion, and race. In his analysis of the morality of children and adults, Bloom rejects the fashionable view that our moral decisions are driven mainly by gut feelings and unconscious biases. Just as reason has driven our great scientific discoveries, he argues, it is reason and deliberation that makes possible our moral discoveries, such as the wrongness of slavery. Ultimately, it is through our imagination, our compassion, and our uniquely human capacity for rational thought that we can transcend the primitive sense of morality we were born with, becoming more than just babies. -/- Paul Bloom has a gift for bringing abstract ideas to life, moving seamlessly from Darwin, Herodotus, and Adam Smith to The Princess Bride, Hannibal Lecter, and Louis C.K. Vivid, witty, and intellectually probing, Just Babies offers a radical new perspective on our moral lives. (shrink)

Tolerance is generally regarded as an unqualified achievement of the modern West. Emerging in early modern Europe to defuse violent religious conflict and reduce persecution, tolerance today is hailed as a key to decreasing conflict across a wide range of other dividing lines-- cultural, racial, ethnic, and sexual. But, as political theorist Wendy Brown argues in Regulating Aversion, tolerance also has dark and troubling undercurrents. Dislike, disapproval, and regulation lurk at the heart of tolerance. To tolerate is not to affirm (...) but to conditionally allow what is unwanted or deviant. And, although presented as an alternative to violence, tolerance can play a part in justifying violence--dramatically so in the war in Iraq and the War on Terror. Wielded, especially since 9/11, as a way of distinguishing a civilized West from a barbaric Islam, tolerance is paradoxically underwriting Western imperialism. Brown's analysis of the history and contemporary life of tolerance reveals it in a startlingly unfamiliar guise. Heavy with norms and consolidating the dominance of the powerful, tolerance sustains the abjection of the tolerated and equates the intolerant with the barbaric. Examining the operation of tolerance in contexts as different as the War on Terror, campaigns for gay rights, and the Los Angeles Museum of Tolerance, Brown traces the operation of tolerance in contemporary struggles over identity, citizenship, and civilization. (shrink)

An innovative and original study of the history, moral phenomenology and reliability of the concept of conscience.

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)