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 civil disobedience enjoys a special normative status on account of instantiating certain special features: nonviolence, publicity, the acceptance of legal consequences, and conscientiousness. I then show that my view is superior to two rivals: the view that we should expand the notion of civility and that civil disobedience, expansively construed, is uniquely appropriate; and the view that uncivil disobedience is justifiable in but only in unfavorable conditions. (shrink)

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment (...) to engaging with others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience. (shrink)

Social movements often impose nontrivial costs on others against their wills. Civil disobedience is no exception. How can social movements in general, and civil disobedience in particular, be justifiable despite this apparent wrong-making feature? We examine an intuitively plausible account—it is fair that everyone should bear the burdens of tackling injustice. We extend this fairness-based argument for civil disobedience to defend some acts of uncivil disobedience. Focusing on uncivil environmental activism—such as ecotage (sabotage with (...) the aim of protecting the environment)—we argue that some acts of uncivil disobedience can be morally superior to their civil counterparts, when and because such acts target people who are responsible for environmental threats. Indeed, insofar as some acts of uncivil disobedience can more accurately target responsible people, they can better satisfy the demands of fairness compared to their civil counterparts. In some circumstances, our argument may require activists to engage in uncivil disobedienceeven whencivil disobedience is available. (shrink)

Delmas successfully guides us to reconsider the traditional “wisdom” of civil disobedience. She also makes a strong case for expanding the notion of political obligation, which has been narrowly construed as mere obedience, to encompass a duty to resist. Principled disobedience, either civil or uncivil, includes a wide range of tools to tackle different forms of injustice, such as education campaigns, peaceful protests, graffiti street art, whistleblowing, vigilante self-defense, and political riots. We may question to what extent (...) the violent disobedience can be justified, as it is always good to be careful about violence that risks harming the innocent, but other forms of civil or uncivil disobedience may rightly be demanded in realistic circumstances. As I see it, these, along with the general warning to not unwittingly serve the status quo by dismissing social movements merely because of “incivility” and the proposal of the civic virtues of vigilance and open-mindedness, are significant contributions to the literature and could also benefit a politically interested general audience greatly. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being (...) reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

Tony Milligan argues that some forms of covert non-human animal rescue, wherein activists anonymously and illegally free non-human animals from confinement, should be understood as acts of civil disobedience. However, most traditional understandings of civil disobedience require that the civil disobedient act publicly rather than covertly. Thus Milligan’s proposal is that we revise our understanding of civil disobedience to allow for covert in addition to public disobedience. I argue we should not. Milligan cannot justify using paradigm (...) cases to expand the scope of civil disobedience without justifying similar reasons to limit the scope, and he does nto give convincing reasons for discarding the communication requirement, according to which an action cannot count as civil disobedience unless it is communicative. The immediate conclusion is that animal rescue is not civil disobedience, while the broader conclusion is one about civil disobedience more broadly: an act must be public to count as civil disobedience. (shrink)

This paper considers the boundaries of "civility" in civil disobedience, by focusing on an extreme form of protest, namely, bossnapping. The latter involves workers 'kidnapping' their bosses, in order to force them to listen to their grievances. I argue that, notwithstanding its use of force, bossnapping may, under some circumstances, fulfil the requirements of a "civil" act of disobedience.

I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion (...) of punishment, both of which are necessary components of prison breaks. In section three I outline the broad circumstances in which escape attempts would be justified, which are when individuals have either been incarcerated on unjust grounds (such as coercive plea bargains, draconian laws, or institutionalized discrimination) or when individuals are subject to inhumane conditions within prison (such as physical or sexual abuse, inadequate medical care, and overcrowding). Although this framework is formulated with the U.S. criminal justice system in mind, it is potentially applicable to other instances of incarceration if they’re similarly unjust such as prisons in other countries, migrant detention centers, or psychiatric wards. I then outline four requirements which must be met for these prison breaks to qualify as civil disobedience. First, escape must be attempted as a last resort. Second, violence and other law-breaking must be reasonable, meaning it is done with precision, discretion, and proportion. Third, escapees hold the burden of proving they have been subject to injustice. Fourth and finally, the act of escape must contain other key components of civil disobedience such as persuasion, communication, and publicity, which will most likely be accomplished via coordination with non-incarcerated individuals. In section four I address the distinction between prison reform and abolition. (shrink)

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 (...) speak in our name, and challenges the derogatory messages expressed through a mechanism I call derogatory pedestalling: the glorification or honoring of certain individuals or ideologies that can only make sense when members of a targeted group are taken to be inferior. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the (...) equal assurance of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

How should we think about public rioting for political ends? Might it ever be more than morally excusable behavior? In this essay, I show how political rioting can sometimes be positively morally justified as an intermediate defensive harm in between civilly disobedient protest and political revolution. I do so by reading political rioters as, at the same time, uncivil and ultimately conciliatory with their state. Unlike civilly disobedient protestors, political rioters express a lack of faith in the value or (...) applicability of civility in interacting with the state under the political status quo. But unlike political revolutionaries who aim at separation from the state, political rioters paradigmatically seek fuller inclusion within it. By rejecting even the appearance of compliance with the political status quo’s systems of justice, political rioters can create a unique venue for systemically marginalized citizens to express warranted disrespect for the state that maintains them in ongoing subjection, as well as their inviolable respect for themselves as persons with dignity beyond the boundaries of civility. (shrink)

I review José Medina's The Epistemology of Protest: Silencing, Epistemic Activism, and the Communicative Life of Resistance, and raise some questions about the felicity, legitimacy and civility of protest.

This article explores a concept of artistic transgression I call aesthetic disobedience that runs parallel to the political concept of civil disobedience. Acts of civil disobedience break some law in order to publicly draw attention to and recommend the reform of a conflict between the commitments of a legal system and some shared commitments of a community. Likewise, acts of aesthetic disobedience break some entrenched artworld norm in order to publicly draw attention to and recommend the (...) reform of a conflict between artworld commitments and some shared commitments of a community. Considering artistic transgressions under the concept of aesthetic disobedience highlights often-overlooked features of modern artworld practices. Most significantly, it draws attention to the deliberative participation of a wide variety of citizens of the artworld, including not just artists and performers but also members of audiences, in the transformation of the rules and boundaries of the artworld itself. (shrink)

The paper aims to explain different cases of disobedient institutional behavior using the attitude-based model. The issue of how to analyze and capture the faces of disobedience in a simple model is approached in three steps: first, misbehavior is defined as a certain lack in normative attitudes; second, these attitudes are distinguished in terms of normative acceptance and normative guidance; and third, combinations of these attitudes represent basic types of disobedience: opposing, transgressing and conforming. These three categories constitute (...) an analytical typology of disobedient agents compatible with the theory of social institutions. (shrink)

Given the conceptual gap in the global justice debate today (where most of the talk is about the duties of the rich, but little is said about what the poor may do for themselves), in this article I reintroduce the idea of a right of necessity. I first delineate a normative framework for such a right, inspired by these historical accounts. I then offer a contemporary case where the exercise of the right of necessity would be morally legitimate according to (...) that framework – even though illegal and probably condemned by the standard moral norms. The case is that of a small group of Paraguayan campesinos (small farmers) suffering from the effects of a severe drought. In the third part, I introduce the concept of noncivil disobedience: I call an act of noncivil disobedience a conscientious, public, illegal and forcible act whose performance, while not necessarily intended directly as a means to bring about social and/or political change, may help to trigger these changes indirectly. In the fourth part, I suggest that certain instances where the right of necessity is overtly exercised – as in the case of the famine-struck Paraguayan campesinos – may also be interpreted in terms of noncivil disobedience, insofar as they serve a double function: as a means of satisfying immediate need, and as a marker of discontent in a society where the equal rights of individuals are a nominal ideal which remains unfulfilled in practice. I then address two objections that may be raised against resurrecting the idea of a right of necessity and identifying it in certain instances with noncivil disobedience. I conclude by suggesting that, at the point of convergence between the two, a basic right like the right of necessity recovers its value as an active, (rather than passive) entitlement of its holders, while the use of force enters the picture as a legitimate means that – at least under certain circumstances – may be resorted to within the limits of civil society. (shrink)

We should conceive of illegal covert animal rescue as acts of “subrevolution” rather than as civil disobedience. Subrevolutions are revolutions that aim to overthrow some part of the government rather than the entire government. This framework better captures the relevant values than the opposing suggestion that we treat illegal covert animal rescue as civil disobedience. If animals have rights like the right not to be unjustly imprisoned and mistreated, then it does not make sense that an instance of (...) animal rescue will be justifiable only if it meets criteria for justified civil disobedience, e.g., the requirement that the civil disobedient not rescue more animals than would be necessary to communicate their message. Thus, the framework of subrevolution is a more apt way to analyze animal rescue. (shrink)

Rawls’s notion of civil disobedience, which still dominates the literature on this subject, comprises at least these three characteristics: it involves breaking the law, is non-violent and public. But implicit in this notion is a certain tension: it shows pessisimism about the proper functioning of the public sphere as earlier normal appeals have failed, but it also displays a certain optimism about its proper functioning as it assumes that civil disobedience may be effective. In my paper I argue (...) that Rawls cannot explain how civil disobedience may be effective as a public appeal for social justice because he does not fully understand what it means for civil disobedience to be public in relation to the public sphere. His analysis would require an additional notion of publicity which, as I argue, is the notion of hermeneutical publicity. From a Bourdieusian perspective I then make a case for the claim that public spheres always suffer from hermeneutic invisibility. This may explain why non-violent appeals for social justice fail as dialogical practices. Finally I suggest how we nevertheless could understand that civil disobedience can be effective as a dialogical practice. (shrink)

This short article lays the foundation for a theory of migratorial disobedience and explains how pro-border advocates fetishize immigration law.

Hegel for the most part insists we support existing practices: they have endured, have socialized us, are our home. At times Hegel seems to demand conformity, to leave no room for dissent or disobedience. Hegel gives great weight to the authority of the state and of custom. But Hegel does not leave the individual confronted with an unjust state powerless. To Hegel, we are obligated to obey the law if we are at home in the state, if its practices, (...) institutions and laws are rational, if the free will "comes into existence" in it. But on Hegel's view, if the practices, institutions and laws of the state are not rational, we are not obligated to comply with their demands. Few recognize that Hegel even allows for justified disobedience, let alone that he can tell us anything about the conditions under which disobedience is justified. This is partly attributable to the fact that important texts concerning Hegel's views have only recently been discovered and published. For example, in a passage from one of these texts, a set of notes of Hegel's lectures on political philosophy, Hegel declares that if my free will does not come into existence in the state, I have no corresponding duty to the state. My purpose is to articulate a distinctive Hegelian theory of justified disobedience, show how it differs both from the traditional understandings of Hegel's views and from contemporary approaches to the problem of justified disobedience, and briefly to point to some difficulties with Hegel's position that need to be worked out if it is to be a satisfactory alternative. (shrink)

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.

Piero Moraro argues that people who engage in civil disobedience do not have a pro tanto reason to accept punishment for breaking the law, although they do have a duty to undergo prosecution. This is because they have a duty to answer for their actions, and the state serves as an agent of the people by calling the lawbreaker to answer via prosecution. I argue that Moraro does not go far enough. Someone who engages in civil disobedience does (...) not even have to show up for the trial, provided that they answer for their actions adequately via some other means. This is because sometimes states are not agents of the people who can call lawbreakers to account, and even those states which are agents cannot demand that lawbreakers answer for their crimes in the form of a trial. (shrink)

John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate. Ignoring the frame in which Rawls discusses civil disobedience has led critics to wrongly attack his theory for being too restrictive when it is more likely to be too permissive. That permissiveness depends on treating any political order which does not come close (...) to fulfilling his theory of justice as absolutely illegitimate. In this sense, Rawls’ theory of political authority is binary and demanding. The problems his theory shares with most others, including his critics’, show that political authority needs to be disaggregated to make sense of the conditions under which different forms of protest and resistance are appropriate. (shrink)

In this short paper I hope to use some ideas drawn from the theory and practice of civil disobedience to address one of the most difficult questions in immigration theory, one rarely addressed by philosophers or other theorists working on the topic: How should we respond to people who violate immigration law? I will start with what I take to be the easiest case for my approach—that of so-called “Dreamers”—unauthorized immigrants in the US who were brought to this country (...) while still children (often as infants) and who have spent the majority of their lives in the US. Members of this group have engaged in wide-scale protests, making the civil disobedience paradigm all the more plausible. I will then move on to the case of unauthorized immigrants who have engaged in protests, but who do not fall into the “Dreamer” category. Finally, I will consider whether thinking about immigration law violations from the perspective of civil disobedience—and the proper response to that—can help us think about immigration enforcement more generally. (shrink)

A focus on the presence of unjustified coercion is one of the central normative concerns of Kant’s entire practical philosophy, from the ethical to the cosmopolitical. This focus is intimately interconnected with Kant’s account of sovereignty, since only the sovereign can justifiably coerce others unconditionally. For Kant, the sovereign is she who has the rightful authority to legislate laws and who is subject only to the laws that she gives herself. In the moral realm (or kingdom) of ends, each citizen (...) is both a member of that realm and an equal co-sovereign of its categorically binding laws (GMS, 4:433-34, Reath 2006, p. 5). As such, each citizen is 'subject to the moral law' only insofar as she is 'at the same time lawgiving with respect to it and only for that reason subordinated to it' (GMS, 4:440). But when Kant comes to think about sovereignty in the political sphere, a number of tensions emerge. These tensions emerge because a doctrine of absolutist popular sovereignty, according to which the people are the ultimate holders of sovereignty, seems to be implied by Kant’s underlying normative theory. However, Kant also makes numerous explicit statements which seem to imply a doctrine of absolutist ruler sovereignty, according to which the ruler is the ultimate holder of sovereignty. And this seems inconsistent. However, despite the appearance of inconsistency I shall argue, by exploring the issues of civil disobedience and cosmopolitan peace, that Kant consistently defends an account of absolutist popular sovereignty which is compatible with his core normative commitments. Exploring these issues will also illuminate Kant’s political teleology by showing us the political ends towards which we should work and the means by which we should pursue them. (shrink)

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American (...) democracy amidst rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

Journal of Political Philosophy, EarlyView.

Review Essay on "Seeing Like an Activist: Civil Disobedience and the Civil Rights Movement," by Erin Pineda (2021).

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

American Muslims increasingly negotiate their relation to a government that is suspicious of Islam, yet which is legally obligated to recognize them as rights-bearing citizens. To better understand how the post-9/11 state is reshaping American Islam, I examine the case of Muslim American dissident Tarek Mehanna, sentenced to seventeen years in prison for providing material support for terrorism, on the basis of his controversial words (USA v. Mehanna et al, 2012). I situate Mehanna’s writing and reflections within a long history (...) of American activism, in particular the traditions represented by Henry David Thoreau and John Brown. -/- . (shrink)

Sit-ins, blockades, and lock-ons are common protest tactics. They work partly because continuing the operation or attempting quickly to remove activists risks injuring or killing them. Injuring or killing the activists is morally wrong, so the targets of the protest must (temporarily) yield to the activists. This appears to be a case of moral blackmail: The blackmailer makes it so that the blackmailed must either do what the blackmailer wants or do something morally wrong. Here, protestors appear to exploit the (...) targets’ tendency to be moral. Can such tactics be justified? I contend that they can insofar as such activists merely add further reason to what their targets already have decisive reason to do. The problem of moral blackmail, however, complicates the morality of primarily communicative civil disobedience. (shrink)

Many political theorists argue that immigration restrictions are unjust and defend broadly open borders. In this paper, I examine the implications of this view for individual conduct. In particular, I argue that the citizens of states that enforce unjust immigration restrictions have duties to disobey certain immigration laws. States conscript their citizens to help enforce immigration law by imposing legal duties on these citizens to monitor, report, and refrain from interacting with unauthorized migrants. If an ideal of open borders is (...) true, these laws are unjust. Furthermore, if citizens comply with their legal duties, they contribute to violating the rights of migrants. We are obligated to refrain from contributing to rights-violations. So, citizens are obligated to disobey immigration laws. I defend the moral requirement to disobey immigration laws against the objection that disobedience to the law is excessively risky and the objection that citizens have political obligations to obey the law. (shrink)

Political actions by Fridays for Future, Extinction Rebellion, and other climate activists often involve violations of legal regulations – such as compulsory education requirements or traffic laws – and have been criticized for this in the public sphere. In this essay, I defend the view that these violations of the law constitute a form of morally justified civil disobedience against climate policies. I first show that these actions satisfy the criteria of civil disobedience even on relatively strict conceptions (...) of civil disobedience. I then argue that they meet plausible justification conditions for civil disobedience because they are directed against serious and clear injustices, which legal means of influence have failed to remedy for decades. Finally, I reject the objection that civil disobedience against climate policy violates basic democratic principles because it claims authority to override democratically enacted agreements. When addressed to Fridays for Future activists, the objection misfires for the reason alone that these activists are largely minors that are excluded from democratic participation. Moreover, disobedience even by adult activists is justified by the existence of serious democratic deficits in our climate policies, especially since it can help to correct them. Such deficits include the lack of representation of the interests of people affected by climate change in the future and globally. (shrink)

In this paper, I ask three questions of the liberal. In each, I fill in philosophical detail around a certain sort of complaint raised in current public debates about their position. In the first, I probe the limits of the liberal's tolerance for civil disobedience; in the second, I ask how the liberal can adjudicate the most divisive moral disputes of the age; and, in the third, I suggest the liberal faces a problem when there is substantial disagreement about (...) the boundaries of the rational and the reasonable. (shrink)

Society typically shows conscientious objectors more deference than civil disobedients, on the grounds that they appear more conscientious and less strategically minded than the latter. Kimberley Brownlee challenges this standard picture in Conscience and Conviction: The Case for Civil Disobedience, where she claims that civil disobedience is more conscientious than conscientious objection, in virtue of its communicativeness. Brownlee conceives of conscientious conviction as necessarily communicative, and distinguishes it from ‘conscience’—the set of practical moral skills involved in adequately responding (...) to complex situations. This review article argues that Brownlee’s account of conviction is too narrow, as it excludes many core beliefs which we would want to classify as convictions although they violate one or more of the criteria of communicativeness, while her account of conscience is incomplete, because it ignores some of the persistent obstacles for the development of conscience produced by structural injustice. The article identifies these obstacles and offers some strategies for protecting against them, namely, vigilance, self-scrutiny, empathy and collaborative ambivalence. (shrink)

This chapter discusses the nature and value of political disagreement, with reference to contemporary work in political philosophy. I will attempt to answer the following questions: Why do we disagree? Is political disagreement a good thing? Do we have a duty to disagree? Should we expect consensus or mere compromise in politics? When is civil disobedience a justified way to express disagreement with the law? Is consensus a threat to democracy?

Can anti-deportation resistance be justified, and if so how and by whom may, or perhaps should, unjust deportations be resisted? In this paper, I seek to provide an answer to these questions. The paper starts by describing the main forms and agents of anti-deportation action in the contemporary context. Subsequently, I examine how different justifications for principled resistance and disobedience may each be invoked in the case of deportation resistance. I then explore how worries about the resister’s motivation for (...) engaging in the action and their epistemic position apply in the specific context of anti-deportation action and consider in what circumstances there is not merely a right but a duty to resist deportation. The upshot of this argument, I conclude, is that the liberal state ought to respond to anti-deportation action not by criminalising disobedience and resistance in this field, but rather by creating legal avenues for such actors to influence deportation decision-making. DOI 10.17879/95189423213. (shrink)

The encounter with critics of Western civilization, from vegetarianism and British anti-industrialist socialism, Thoreau's theories of civil disobedience and Tolstoy's evangelical Christianity, led Gandhi to a rediscovery of Indian tradition. Unlike other forms of Afro-Asian cultural nationalism, this claim was neither conservative nor separatist but led to a fresh reading of some key concepts from the Indian tradition combined with ideas from the Christian, the Islamic and the European humanistic traditions.

Some critics of Mill understand him to advocate the forced assimilation of people he regards as uncivilized, and to defend toleration and the principle of liberty only for civilized people of the West. Examination of Mill’s social and political writings and practice while serving the British East India Company shows, instead, that Mill is a ‘tolerant imperialist’: Mill defends interference in India to promote the protection of legal rights, respect and toleration for conflicting viewpoints, and a commercial society that can (...) cope with natural threats. He does not think the principle of liberty is waived for the uncivilized, or that the West should forcibly reshape them in its own monistic image. Mill’s tolerant imperialism reflects a tension between liberty and moral development that surfaces also when Mill thinks about the scope of government in civilized societies. (shrink)

In the face of disobedience, and in the name of the short-term goal of a smooth-functioning and/or happy household, parents often feel caught between two diametrically opposed parenting strategies; make it happen or let it go. However, either strategy of dictator or friend can seriously jeopardize a child’s long-term best interests. If children, adolescents, young adults, full adults or oldsters are even to hear, let alone reasonably answer, the prudential and ethical “whys” that their intended actions scream, they will (...) need to attend to health of their unique human capacity to reason. They will need to understand deeply that reason is not a capacity to be used solely in academic endeavors and/or for making a living, but rather that reason’s prime function is to assist in making the best of all possible lives. If parents want their children to understand this, then they need to walk the talk and invite reason into their homes. The result will be that authoritarian parents will need to let go, while “parents as friends” will need to belly up to the bar, in order to entrench the first rule of a reasonable household and that is that the best reason always wins. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

The question of how to respond to the deep political divides in the United States today has resulted in the emergence of two camps. On one side are those who argue that the cultivation of civic virtues like civility will lead to more respectful interpersonal relationships through which consensus and mutual understanding can be built. On the other are those who argue that our commitment to justice is primary and may require uncivil behavior to disrupt and change unjust structural (...) relationships. In Healthy Conflict in Contemporary American Society, Jason Springs helps to bridge the divide between these two positions. Because he takes a relational approach that centers both interpersonal and structural relationships, Springs makes both mutual respect and just structures central to his conception of healthy conflict. Taking relationality seriously thus helps to overcome this impasse, but it also raises significant questions about the impact of asymmetrical relationships on citizens’ responsibilities to engage in healthy conflict. (shrink)

A "good" arguer is like an architect with a penchant for civil and civic engineering. Such an arguer can design and present their reasons artfully about a variety of topics, as good architects do with a plenitude of structures and in various environments. Failures in this are rarely hidden for long, as poor constructions reveal themselves, often spectacularly, so collaboration among civical engineers can be seen as a virtue. Our logical virtues should be analogous. When our arguments fail due to (...) being uncivil and demagogic, since we inhabit the arguments we build, we are all crushed beneath our flawed reasoning. This mixed metaphor takes us to a self-referential analysis of argumentation, analogy, and humor. I argue that good argumentation strives to collaboratively convince rather than belligerently persuade. A convincing means toward this end is through humorous analogical arguments, whether the matter at hand is ethical, logical, theological, phenomenological, epistemological, metaphysical, political, or about baseball. (shrink)

What is wrong with government whistleblowing and when can it be justified? In my view, ‘government whistleblowing’, i.e., the unauthorized acquisition and disclosure of classified information about the state or government, is a form of ‘political vigilantism’, which involves transgressing the boundaries around state secrets, for the purpose of challenging the allocation or use of power. It may nonetheless be justified when it is suitably constrained and exposes some information that the public ought to know and deliberate about. Government whistleblowing (...) should then be viewed, along the lines of civil disobedience, as a collective cognition- and legitimacy-enhancing device. (shrink)

Political protesters often don’t play by the rules. Think of the Occupy Movement, which brought lower Manhattan to a standstill in 2011 under the slogan, “We are the 99%”. Closer to home, think of the refugee activists who assisted a breakout from South Australia’s Woomera detention centre in 2002. Both are examples of contentious politics, or forms of political engagement outside the institutional channels of political decision-making. The democratic credentials of contentious politics are highly ambivalent. On the one hand, contentious (...) politics appears to have insufficient respect for democratic decision. Protesters are often forceful, uncivil and rowdy, aiming to disproportionately influence policy. But shouldn’t proposals be put forward with civility through the proper channels? And shouldn’t their proponents accept with good grace if they are democratically rebuffed? A closer look at the history of political thought can provide us with the framework to assess the case for and against the democratic reasonableness of contentious politics. (shrink)

Interviewet er lavet i juli 2021. Dets formål er at belyse emner, der er centrale i Celikates’ tænkning, f.eks. den voksende højrefløjspopulisme, migration, voldelige versus ikke-voldelige protester, civil ulydighed og den kritiske filosofis rolle i dag. -/- When Celikates and I sat down digitally in July 2021, the interview’s primary purpose was to examine topics central to Celikates’ thinking, such as the rise of right-wing populism, migration, violent versus non-violent protest, civil disobedience, and the role of critical philosophy today.

This paper makes an argument for the democratic value of distrust. It begins by analyzing distrust, since distrust is not merely the negation of trust. The account that it develops is based primarily on Martin Luther King Jr.’s work in Why We Can’t Wait. On this view, distrust is the confident belief that another individual or group of individuals or an institution will not act justly or as justice requires. It is a narrow normative account of distrust, since it concerns (...) a specific normative task. Distinctions between vertical and horizontal distrust, as well as trust and agnostic trust are also discussed. This paper argues that distrust’s democratic value lies in its ability to secure democracy by protecting political minorities from having their voices ignored. As such, distrust can be viewed as a kind of Madisonian “check and balance” that works to prevent tyranny. Distrust also works to secure democracy by forging new or alternative forms of democratic participation. The main example discussed in this paper is King’s involvement in the Birmingham Campaign during the Black Civil Rights movement in America. In this case, King and his supporters’ distrust of fellow White citizens and political institutions led to alternative forms of political expression such as non-violent protests, boycotts, and other forms of civil disobedience, all of which led to greater racial justice by working to alleviate White tyranny. (shrink)