Thoreau advocates for nonviolent protest in his classic manifesto Motivated by his disgust with the US government, Henry David Thoreau’s seminal philosophical essay enjoins individuals to stand against the ruling forces that seek to erase their free will. It is the duty of a good citizen, he argues, not only to disobey a bad law, but also to protest an unjust government. His message of nonviolence and appeal to value one’s own conscience over political legislation have resonated throughout American and world history. Peppered with the author’s poetry and social commentary, Civil Disobedience has become a manifesto for civil dissidents, revolutionaries, and protestors everywhere. Indeed, originally so unpopular with readers that Thoreau was forced to buy back over half of the books from his publisher, this work has gone on to inspire the likes of Mahatma Gandhi and Martin Luther King Jr. This ebook has been professionally proofread to ensure accuracy and readability on all devices.

The distinctive American tradition of civil disobedience stretches back to pre-Revolutionary War days and has served the purposes of determined protesters ever since. This stimulating book examines the causes that have inspired civil disobedience, the justifications used to defend it, disagreements among its practitioners, and the controversies it has aroused at every turn. Tracing the origins of the notion of civil disobedience to eighteenth-century evangelicalism and republicanism, Lewis Perry discusses how the tradition took shape in the actions of black and white abolitionists and antiwar protesters in the decades leading to the Civil War, then found new expression in post-Civil War campaigns for women's equality, temperance, and labor reform. Gaining new strength and clarity from explorations of Thoreau's essays and Gandhi's teachings, the tradition persisted through World War II, grew stronger during the decades of civil rights protest and antiwar struggles, and has been adopted more recently by anti-abortion groups, advocates of same-sex marriage, opponents of nuclear power, and many others. Perry clarifies some of the central implications of civil disobedience that have become blurred in recent times--nonviolence, respect for law, commitment to democratic processes--and throughout the book highlights the dilemmas faced by those who choose to violate laws in the name of a higher morality.

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.