Rights, Communities, and Disobedience

Rights, Communities, and Disobedience
Title Rights, Communities, and Disobedience PDF eBook
Author Vinit Haksar
Publisher Oxford University Press, USA
Pages 240
Release 2003
Genre Biography & Autobiography
ISBN

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Tensions between individual rights and group interests, as well as between interests of different groups, are critical issues in multicultural societies. In this book, Haksar offers a theoretical framework for thinking about these dilemmas, particularly in light of Gandhi's ideas.

On Constitutional Disobedience

On Constitutional Disobedience
Title On Constitutional Disobedience PDF eBook
Author Louis Michael Seidman
Publisher Oxford University Press
Pages 175
Release 2012
Genre Law
ISBN 0199898278

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In On Constitutional Disobedience, leading constitutional scholar Louis Michael Seidman explains why constitutional disobedience may well produce a better politics and considers the shape that such disobedience might take. First, though, he stresses that is worth remembering the primary goals of the original Constitution's authors, many of which were unseemly both then and now. Should we really feel obligated to defend our electoral college or various other features that arguably lead to unjust results? Yet many of our political debates revolve around constitutional features that no one loves but which everyone feels obligated to defend. After walking through the various defenses put forth by proponents of the US Constitutional system, Seidman shows why none of them hold up. The solution, he claims, is to abandon our loyalty to many of the document's requirements and instead embrace the Constitution as a 'poetic' vision of a just society. Lest we worry that forsaking the Constitution will result in anarchy, we only need to remember Great Britain, which functions very effectively without a written constitution. If we were to do this, we could design sensible institutions that fit our own era and craft solutions that have the support of today's majorities. Seidman worries that if we continue to embrace the anachronistic commands of a centuries-old document, our political and institutional dysfunction will only increase. The answer is not to abandon the Constitution in its entirety, but to treat it as an inspiration while disobeying the many particulars that deserve to go into history's dustbin.

The Cambridge Companion to Civil Disobedience

The Cambridge Companion to Civil Disobedience
Title The Cambridge Companion to Civil Disobedience PDF eBook
Author William E. Scheuerman
Publisher Cambridge University Press
Pages 457
Release 2021-07-15
Genre Political Science
ISBN 1108804845

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The theory and practice of civil disobedience has once again taken on import, given recent events. Considering widespread dissatisfaction with normal political mechanisms, even in well-established liberal democracies, civil disobedience remains hugely important, as a growing number of individuals and groups pursue political action. 'Digital disobedients', Black Lives Matter protestors, Extinction Rebellion climate change activists, Hong Kong activists resisting the PRC's authoritarian clampdown...all have practiced civil disobedience. In this Companion, an interdisciplinary group of scholars reconsiders civil disobedience from many perspectives. Whether or not civil disobedience works, and what is at stake when protestors describe their acts as civil disobedience, is systematically examined, as are the legacies and impact of Henry Thoreau, Mahatma Gandhi, and Martin Luther King.

Civil Disobedience

Civil Disobedience
Title Civil Disobedience PDF eBook
Author Henry David Thoreau
Publisher The Floating Press
Pages 41
Release 2009-01-01
Genre Political Science
ISBN 1775412466

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Thoreau wrote Civil Disobedience in 1849. It argues the superiority of the individual conscience over acquiescence to government. Thoreau was inspired to write in response to slavery and the Mexican-American war. He believed that people could not be made agents of injustice if they were governed by their own consciences.

Civil Disobedience

Civil Disobedience
Title Civil Disobedience PDF eBook
Author Tony Milligan
Publisher Bloomsbury Publishing USA
Pages 99
Release 2013-03-28
Genre Political Science
ISBN 1441126767

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Civil disobedience is a form of protest with a special standing with regards to the law that sets it apart from political violence. Such principled law-breaking has been witnessed in recent years over climate change, economic strife, and the treatment of animals. Civil disobedience is examined here in the context of contemporary political activism, in the light of classic accounts by Thoreau, Tolstoy, and Gandhi to call for a broader attitude towards what civil disobedience involves. The question of violence is discussed, arguing that civil disobedience need only be aspirationally non-violent and that although some protests do not clearly constitute law-breaking they may render people liable to arrest. For example, while there may not be violence against persons, there may be property damage, as seen in raids upon animal laboratories. Such forms of militancy raise ethical and legal questions. Arguing for a less restrictive theory of civil disobedience, the book will be a valuable resource for anyone studying social movements and issues of political philosophy, social justice, and global ethics.

Disobedience and Democracy

Disobedience and Democracy
Title Disobedience and Democracy PDF eBook
Author Howard Zinn
Publisher eBookIt.com
Pages 126
Release 2012-05-24
Genre History
ISBN 1456609920

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Howard Zinn's cogent defense of civil disobedience with a new introduction by the author. In this slim volume, Zinn lays out a clear and dynamic case for civil disobedience and protest, and challenges the dominant arguments against forms of protest that challenge the status quo. Zinn explores the politics of direct action, nonviolent civil disobedience, and strikes, and draws lessons for today.

Conscience and Conviction

Conscience and Conviction
Title Conscience and Conviction PDF eBook
Author Kimberley Brownlee
Publisher OUP Oxford
Pages 280
Release 2012-10-18
Genre Law
ISBN 0191645923

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The 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 (CPC). 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. 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.