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Author: Shepherd Mutsvara
Publisher: GRIN Verlag
ISBN: 3668469660
Category : Law
Languages : en
Pages : 23
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Book Description
Seminar paper from the year 2013 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 80, University of South Africa, language: English, abstract: The principal objective of this paper is to critically analyse how the post-1994 South African government has reacted to civil disobedience, when it is the very tool that has played a large role in bringing them to power. The new rainbow nation has had unarmed confrontation with the State in areas of racial harmonisation, socio-economic issues and unreasonable governmental policies. While acknowledging that civil disobedience is at cross purpose with the law, the paper establishes that civil disobedience and the rule of law should be balanced in a healthy democracy. The citizenry should be made aware of its rights and obligations imposed by the constitution. On the other hand, the State’s response to civil disobedience should be one enveloped in legal authority. Thus civil disobedience in any democracy should not be met with a knee jerk reaction. The paper also scrutinizes the divergent views on law and morality. Divergent as they are, the common denominator is that no society can do without intoleration, indignation and disgust which in the end may lead to civil disobedience. This study will define the concept civil disobedience and rule of law. The link between civil disobedience and the rule of law shall be explained through theories of legal positivism and natural law in particular the Hart-Devlin debate and the Hart-Fuller debate.
Author: Shepherd Mutsvara
Publisher: GRIN Verlag
ISBN: 3668469660
Category : Law
Languages : en
Pages : 23
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Book Description
Seminar paper from the year 2013 in the subject Law - Public Law / Constitutional Law / Basic Rights, grade: 80, University of South Africa, language: English, abstract: The principal objective of this paper is to critically analyse how the post-1994 South African government has reacted to civil disobedience, when it is the very tool that has played a large role in bringing them to power. The new rainbow nation has had unarmed confrontation with the State in areas of racial harmonisation, socio-economic issues and unreasonable governmental policies. While acknowledging that civil disobedience is at cross purpose with the law, the paper establishes that civil disobedience and the rule of law should be balanced in a healthy democracy. The citizenry should be made aware of its rights and obligations imposed by the constitution. On the other hand, the State’s response to civil disobedience should be one enveloped in legal authority. Thus civil disobedience in any democracy should not be met with a knee jerk reaction. The paper also scrutinizes the divergent views on law and morality. Divergent as they are, the common denominator is that no society can do without intoleration, indignation and disgust which in the end may lead to civil disobedience. This study will define the concept civil disobedience and rule of law. The link between civil disobedience and the rule of law shall be explained through theories of legal positivism and natural law in particular the Hart-Devlin debate and the Hart-Fuller debate.
Author: Carl Sanders
Publisher:
ISBN:
Category : Government, Resistance to
Languages : en
Pages : 24
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Book Description
Author: Law Library (Calif.)
Publisher:
ISBN:
Category : Government, Resistance to
Languages : en
Pages : 9
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Book Description
Author: Hugo Adam Bedau
Publisher: Routledge
ISBN: 1134942583
Category : Philosophy
Languages : en
Pages : 308
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Book Description
The issues surrounding civil disobedience have been discussed since at least 399 BC and, in the wake of such recent events as the protest at Tiananmen Square, are still of great relevance. By presenting classic and current philosophical reflections on the issues, this book presents all the basic materials needed for a philosophical assessment of the nature and justification of civil disobedience. The pieces included range from classic essays by leading contemporary thinkers such as Rawls, Raz and Singer. Hugo Adam Bedau's introduction sets out the issues and shows how the various authors shed light on each aspect of them.
Author: C. Das
Publisher: CreateSpace
ISBN: 9781482386820
Category :
Languages : en
Pages : 78
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Book Description
What makes a breach of law an act of civil disobedience? When is civil disobedience morally justified? How should the law respond to people who engage in civil disobedience? Discussions of civil disobedience have tended to focus on the first two of these questions. On the most widely accepted account of civil disobedience, famously defended by John Rawls (1971), civil disobedience is a public, non-violent and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies. On this account, the persons who practice civil disobedience are willing to accept the legal consequences of their actions, as this shows their fidelity to the rule of law. Civil disobedience, given its place at the boundary of fidelity to law, is said to fall between legal protest, on the one hand, and conscientious refusal, revolutionary action, militant protest and organized forcible resistance, on the other hand.
Author: William E. Scheuerman
Publisher: John Wiley & Sons
ISBN: 1509518649
Category : Philosophy
Languages : en
Pages : 216
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Book Description
What is civil disobedience? Although Mahatma Gandhi and Martin Luther King helped to bring the idea to prominence, even today it remains unclear how we should best understand civil disobedience. Why have so many different activists and intellectuals embraced it, and to what ends? Is civil disobedience still politically relevant in today's hyper-connected world? Does it make sense, for example, to describe Edward Snowden's actions, or those of recent global movements like Occupy, as falling under this rubric? If so, how must it adapt to respond to the challenges of digitalization and globalization and the rise of populist authoritarianism in the West? In this elegantly written introductory text, William E. Scheuerman systematically analyzes the most important interpretations of civil disobedience. Drawing out the striking differences separating religious, liberal, radical democratic, and anarchist views, he nonetheless shows that core commonalities remain. Against those who water down the idea of civil disobedience or view it as obsolescent, Scheuerman successfully salvages its central elements. The concept of civil disobedience, he argues, remains a pivotal tool for anyone hoping to bring about political and social change.
Author: Michael Allen
Publisher: Springer
ISBN: 940241164X
Category : Philosophy
Languages : en
Pages : 149
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Book Description
This book explores a hitherto unexamined possibility of justifiable disobedience opened up by John Rawls’ Law of Peoples. This is the possibility of disobedience justified by appeal to standards of decency that are shared by peoples who do not otherwise share commitments to the same principles of justice, and whose societies are organized according to very different basic social institutions. Justified by appeal to shared decency standards, disobedience by diverse state and non-state actors indeed challenge injustices in the international system of states. The book considers three case studies: disobedience by the undocumented, disobedient challenges to global economic inequities, and the disobedient disclosure of government secrets. It proposes a substantial analytical redefinition of civil disobedience in a global perspective, identifying the creation of global solidarity relations as its goal. Michael Allen breaks new ground in our understanding of global justice. Traditional views, such as those of Rawls, see justice as a matter of recognizing the moral status of all free and equal person as citizens in a state. Allen argues that this fails to see things from the global perspective. From this perspective disobedience is not merely a matter of social cooperation. Rather, it is a matter of self determination that guarantees the invulnerability of different types of persons and peoples to domination. This makes the disobedience by the undocumented justified, based on the idea that all persons are moral equals, so that all sovereign peoples need to reject dominating forms of social organization for all persons, and not just their own citizens. In an age of mass movements of people, Allen gives us a strong reason to change our practices in treating the undocumented. James Bohman, St Louis University, Danforth Chair in the Humanities This monograph is an important contribution to our thinking on civil disobedience and practices of dissent in a globalized world. This is an era where non-violent social movements have had a significant role in challenging the abuse of power in contexts as diverse, yet interrelated as the Arab Spring protests and the Occupy protests. Moreover, while protests such as these speak to a local political horizon, they also have a global footprint, catalyzing a transnational dialogue about global justice, political strategy and cosmopolitan solidarity. Speaking directly to such complexities, Allen makes a compelling case for a global perspective regarding civil disobedience. Anyone interested in how the dynamics of non-violent protest have shaped and reshaped the landscape for democratic engagement in a globalized world will find this book rewarding and insightful. Vasuki Nesiah, New York University
Author: Mano Toth
Publisher: CRC Press
ISBN: 1351350307
Category : Literary Criticism
Languages : en
Pages : 87
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Book Description
In Civil Disobedience, Henry David Thoreau looks at old issues in new ways, asking: is there ever a time when individuals should actively oppose their government and its justice system? After a thorough review of the evidence, Thoreau comes to the conclusion that opposition is legitimate whenever government actions or institutions are unacceptable to an individual’s conscience. What is particularly interesting is that Thoreau’s creative mind took him deeper into the argument, as he concluded that this legitimate opposition really wasn’t enough. In Thoreau’s opinion, anyone who believed something to be wrong had a duty to resist it actively. These ideas were completely at odds with the prevailing opinions of the day – that it was the duty of every citizen to support the state. Thoreau connected ideas and notions in a novel manner and went against the tide, generating new hypotheses so that people could see matters in a new light. It is a mark of the success of his creative thinking that his views are now considered mainstream, and that his arguments are still deployed in defence of the principle of civil disobedience.
Author: Christian Bay
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 76
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Book Description
Civil disobedience or direct action is examined for its political, social and moral foundations as well as its practical application. "This handbook is a resource for everyone who is not determined to re-invent the wheel."--"Fellowship"
Author: Hannah Arendt
Publisher: Library of America
ISBN: 1598538004
Category : Political Science
Languages : en
Pages : 96
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Book Description
Together for the first time, classic essays on how and when to disobey the government from two of the greatest thinkers in our literature As we grapple with how to respond to emerging threats against democracy, Library of America brings together for the first time two seminal essays about the duties of citizenship and the imperatives of conscience. In “Resistance to Civil Government” (1849), Henry David Thoreau recounts the story of a night he spent in jail for refusing to pay poll taxes, which he believed supported the Mexican American War and the expansion of slavery. His larger aim was to articulate a view of individual conscience as a force in American politics. No writer has made a more persuasive case for obedience to a “higher law.” In “Civil Disobedience” (1970), Hannah Arendt offers a stern rebuttal to Thoreau. For Arendt, Thoreau stands in willful opposition to the public and collective spirit that defines civil disobedience. Only through positive collective action and the promises we make to each other in a civil society can meaningful change occur. This deluxe paperback features an introduction by Roger Berkowitz, Founder and Academic Director of the Hannah Arendt Center for Politics and Humanities and Professor of Politics, Philosophy, and Human Rights at Bard College, who reflects on the tradition of civil disobedience and the future of American politics.
