Civil Disobedience - The History Of The Concept, Philosophic Status Today, Disputed Questions, Bibliography
act laws legal principles
Civil disobedience is an illegal act performed publicly in contravention of a law or laws of the government for the short-term purpose of bringing about a change in the law or laws and for the long-term purpose of improving society as a whole. It is a political act because its underlying principles are the principles of political justice that regulate the state and its institutions, and not those of private conduct. The act is called "civil" because it is courteous in the manner of its performance, not criminal in its methods or revolutionary in its effects. It presupposes the legitimacy of the state and the constitutional order, and its aim is the preservation of an improved state, not its overthrow.
Civil disobedience may be carried out by individuals or by masses of people. Its acts may be symbolic, as in the case of fasts, vigils, the burning of official documents, and so forth, or they may be substantial, as in the case of boycotts, strikes, marches, mass meetings, withdrawal of cooperation with the government and its institutions, sit-ins, occupation of public buildings, and the like.
In the late twentieth century, the idea of civil disobedience acquired a legal standing in international jurisprudence thanks
especially to the Nuremberg trials. The latter established the legal norm according to which individuals may be held responsible for not disobeying domestic laws that grossly violate fundamental human rights.
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The writer who made the theory famous, put it into practice, and gave the practice the name "civil disobedience" was Henry David Thoreau (1817–1862). His ideas on the subject are found in the celebrated lecture that he delivered in 1848 to the Concord Lyceum in Massachusetts, under the title "On the Relation of the Individual to the State." It was first published…
Thoreau, Gandhi, and King were primarily practitioners rather than philosophers of civil disobedience. Even though a philosophy did underlie their practice, they themselves did not elaborate it in any systematic fashion. From the last quarter of the twentieth century onward, however, philosophers and political theorists have taken a keen interest in the philosophic aspects of civil disobedience. T…
Although the theory of civil disobedience has achieved philosophic maturity, there are two questions that still remain unresolved. One has to do with the place of violence in civil disobedience. Theorists such as Christian Bay do not rule out the use of limited physical violence. The problem here is where to draw the line between limited physical violence and revolutionary violence. The other ques…
Bass, Jonathan, S. Blessed Are the Peacemakers: Martin Luther King Jr., Eight White Religious Leaders, and the "Letter From Birmingham Jail." Baton Rouge: Louisiana State University Press, 2001. Bay, Christian, and Charles C. Walker. Civil Disobedience: Theory and Practice. Montreal: Black Rose, 1975. Bedau, H. A., comp. Civil Disobedience: Theory and Practice. Indianapolis: Pegasus,…
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