In this essay i argue that citizens of a liberaldemocratic state, one that. Lefkowitz argues that within lefkowitz argues that within a democratic state with recognized political authority, citizens have a political obligation to the state. Paley, a common authority with many on moral questions, in his chapter on the duty of submission to civil government, resolves all civil obligation into expediency. David lefkowitz, on a moral right to civil disobedience, ethics 117 2007 20233. While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they. David lefkowitz 2007 on a moral right to civil disobedience, ethics 1172. Kimberley brownlee 2007 the communicative aspects of civil disobedience and lawful punishment, criminal law and philosophy 12. There might, however, be a moral right to classified public whistleblowing. Cicero, thomas aquinas, john locke, thomas jefferson, and henry david thoreau all sought to justify conduct by virtue of its harmony with some antecedent superhuman moral law. Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government. If it is morally wrong to breach the law, then special justification is required. Civil disobedience in the shadows of postnationalization and privatization. Kimberley brownlee, selections from conscience and conviction. The philosophical roots of civil disobedience lie deep in western thought.
Instead, it is the fact that a dissenter believes his cause for protest to be. On a moral right to civil disobedience by david lefkowitz. Pdf civil disobedience for an age of total surveillance. Lefkowitz, david, on a moral right to civil disobedience, ethics 117, no.
Lefkowitzs account of a moral right to suitably constrained civil disobedience is a valuable contribution to the contemporary literature on civil disobedience. Freeman t for the past ten years lawyers and society generally have become aware of a technique of. Respect for persons as autonomous agents requires that the state acknowledge a moral right to public disobedience on the part of its citizens. Lefkowitzs account is better, as it is not regimespecific. On the concept of a morally relevant harm cambridge core. Furthermore, civil disobedience pursues a communicative intention, meaning that the motivating principles should be communicated. Lefkowitz defends the idea of a moral right to civil disobedience based on the noninstrumental value of individual autonomy. He says that by merely engaging in an act of civil disobedience, a citizen commits no wrong. In section 3, i will consider whether david lefkowitzs argument for a moral right to civil disobedience can be applied to the case of classified public whistleblowing. Resistance to civil government, called civil disobedience for short, is an essay by american transcendentalist henry david thoreau that was first published in 1849. David lefkowitz, on a moral right to civil disobedience, ethics 117 2007. In his article on a moral right to civil disobedience, david lefkowitz employs this sort of argument lefkowitz 2007. On a moral right to civil disobedience, david lefkowitz.
Secession, nonintervention, and democratic governance. On a moral right to civil disobedience ur scholarship repository. Even though there is no right of civil disobedience, it is often argued that there is a moral right lefkowitz, 2007 or even a duty to oppose policies and court rulings and their enforcement under certain circumstances. David lefkowitz, on a moral right to civil disobedience. On a moral right to civil disobedience david lefkowitz. It was during his time at walden that thoreau was imprisoned briefly for not paying taxes. Civil disobedience john rawls, the justification of civil disobedience, in arguing about the law 20, pp. Pdf on may 31, 2018, kimberley brownlee and others published. In 1845, wanting to write his first book, he moved to walden pond and built his cabin on land owned by ralph waldo emerson. David lefkowitz, on a moral right to civil disobedience, ethics 2007, pp. David lefkowitz on a moral right to civil disobedience 2007 kimberly brownlee the communicative aspects of civil disobedience 2007 candice delmas political resistance. Simmons critique of natural duty approaches to the duty to obey the law, david lefkowitz.
The right of protest and civil disobedience t harrop a. Of all published articles, the following were the most read within the past 12 months. On not accepting the punishment for civil disobedience. Dworkin begins with the assumption that the government does not establish or guarantee moral rights, and. If a man finds a law morally unacceptable to him and, of course, he may be justified or unjustified in his finding, he has a right to say to his government, i will not obey this law, but i will accept the punishment connected with that. Department of philosophy greensboro, nc 27410 university of richmond 336 2991897 28 westhampton way. On a moral right to civil disobedience chicago journals. According to raz, when one considers the idea of a moral right to civil disobedience, one must appreciate that this right extends to cases in which people should not exercise it. A hero to some and traitor to yet others, his explosive disclosures about us spying have also unleashed, as he clearly hoped, a worldwide political debate about state surveillance in the context of technological advances whose implications most policy makers. Dworkin, thoreau, and civil disobedience essay 1461. Civil disobedience does present another moral alternative, fortunately. Brownlee, kimberley, penalizing public disobedience.
On a moral right to civil disobedience david lefkowitz in this essay i argue that citizens of a liberaldemocratic state, one that i argue has a morally justi. However, it must be recognised that civil disobedience is a tool and not an end in itselfit can be used for bad as well as good. In this essay i argue that citizens of a liberaldemocratic state, one that i argue has a morally justified claim to political authority, enjoy a moral right to engage in acts of suitably constrained civil disobedience, or what i will call a moral right to public disobedience. In henry david thoreaus civil disobedience, he argues that men must always do what they think is right, especially when they think an aspect of government is not working. On a beliefrelative moral right to civil disobedience. In this essay i argue that citizens of a liberaldemocratic state, one that i argue has a morally justified claim to political authority, enjoy a moral right to engage in. Plausible and attractive as brownlees argument may be, i do not explore this debate here as it relates to the exercising of a right to civil disobedience not a duty. The modern concept of civil disobedience was most clearly formulated by mahatma gandhi. Kent greenawalt, justifying nonviolent disobedience in civil disobedience in focus 1991 er select paper topic apr. David lefkowitz, on a moral right to civil disobedience ethics 2007, 202233 er 2.
Civil disobedience is a conscientious, unlawful, and broadly nonviolent form of protest, which most political philosophers and many nonphilosophers are inclined to treat as potentially defensible in democratic societies. Lopez y larry minear, political gain and civilian pain. If you have access to this journal as a benefit of membership in the sponsoring organization, log in through the member link in the right column. Philosophy faculty publications philosophy university. Both the right to civil disobedience and the right to conscientious objection, if credible, would give their holders the right to engage in the putatively wrongful conduct of disobeying an order or formal rule, on the ground that the disobedience falls within a. Henry david thoreau was an author, poet, abolitionist, naturalist, tax resister, development critic, surveyor, historian, philosopher, and leading transcendentalist. Simmons, moral principles and political obligations, chapter 6, 143156. It has been going on since the days of tunku abdul rahman. Concerning the grounds, i argue that the right to civil disobedience is grounded in peoples rights to freedom of.
If you have an individual subscription, or if you have purchased this article separately, click on the link below. Lefkowitz defines civil disobedience as the deliberate. Curriculum vitae for david lefkowitz 1 august 20, 2009. Edward snowdens june 20 revelations about nsa surveillance have dominated global media news coverage like few events in recent years. Lefkowitz, david 2008 on the foundation of rights to political selfdetermination. In it, thoreau argues that individuals should not permit governments to overrule or atrophy their consciences, and that they have a duty to avoid allowing such acquiescence to enable the government to make them the agents of. Against raz, one could argue, as david lefkowitz does, that when a person. On the duty of civil disobedience1 abridged henry david thoreau i heartily accept the motto,that government is best which governs least. However, it did not explode until the final phase of the reign of dr. Introduction in on the moral right to civil disobedience, 1 david lefkowitz seeks, amongst other things, to challenge joseph razs claim that people have no moral right. He is best known for his book walden, and his essay, civil disobedience, an argument for individual resistance to civil government in.
Full text of civil disobedience see other formats the project gutenberg ebook of on the duty of civil disobedience by henry david thoreau this ebook is for the use of anyone anywhere at no cost and with almost no restrictions whatsoever. To get back to the founding principles, as articulated in the declaration of independence, zinn argues that we are going to need to go outside the law, to stop obeying the laws that demand killing or that allocate wealth the way it has been done, or. He argues that people living in a liberal regime can have a moral right to civil disobedience, but only when they wind up in the minority on a given issue and must work against the bad luck of having fewer resources and insufficient time to persuade people before decisions are made. See brownlee penalizing pubic disobedience, ethics 118 2008. It gives a moral right to civil disobedience only to people who live in an illiberal regime, are denied adequate participation rights, and must reclaim. Recently, brownlee has argued that the merit of a cause is not relevant to the establishment of a moral right to civil disobedience. Civil disobedience stanford encyclopedia of philosophy.
This essay defends the view that the moral right to civil disobedience derives from or is a facet of a general right to. We disagree, first, about its grounds and, second, about its scope. The term civil disobedience was coined by henry david thoreau in his 1848. Acts of civil disobedience are undertaken in defense of a variety of causes ranging from banning gmo crops and prohibiting abortion to fighting inequality and saving the environment. Excerpts from civil disobedience henry david thoreau 1849 originally entitled. The ld file civil disobedience topic overview part i introduction civil disobedience is generally defined as breaking the laws of a nation, group or any collective in order to persuade the public at large that the law in question is unjust. Global justice and transnational civil disobedience. Hence, he maintains a claimright against being punished i. Civil disobedience and conscientious objection oxford. To say that there is a right to civil disobedience is to allow the legitimacy of resorting to this form. Lefkowitzs argument for his view is systematic and nuanced, and i have learned a great deal from studying it. Lefkowitzs research interests span three overlapping areas. Citizens must cultivate a generous and loyal spirit of. When civil disobedience comes up, we often think of gandhi, king, mandela, men who are heroes to many and who fought great injustices.
Civil disobedience and the duty to obey the law scholarworks. Civil disobedience and deliberative democracy request pdf. Historically, civil disobedience has been used since biblical times. I borrow the idea of a disjunctive duty from david lefkowitz, on a moral right to civil. Resistance to civil government i heartily accept the motto, that government is best which governs least. Lefkowitz s account is better, as it is not regimespecific. While doing the assigned reading, you will often come across sentences you do not fully understand. Pdf on may 31, 2018, kimberley brownlee and others published two tales of. In his article in defence of penalizing but not punishing civil disobedience, david lefkowitz 2017 neatly maps out the differences between his and my defences of the moral right to civil disobedience.