NCJ Number
121684
Date Published
1989
Length
56 pages
Annotation
This analysis of the nature and moral justification of civil disobedience notes that the term has been used in varying ways and proposes a wider definition than the one that is often used.
Abstract
The orthodox definition of civil disobedience notes that civil disobedience is both illegal and civil, takes place in public, involves an act of protest, is nonviolent, is conscientiously-motivated, and involves both acceptance of the legitimacy of the system and submission to arrest and punishment. However, characteristics like conscientiousness are not necessary to the definition, and those like nonviolence are inappropriate. Therefore, a more appropriate definition is that civil disobedience is a public act that deliberately contravenes a law, that is publicly-performed, and that occurs in awareness that an arrest and a penalty are likely. Many types of objections to civil disobedience have been raised, often based on the view that citizens in a democracy are obliged to obey the law. However, none of these objections are decisive against every act of civil justification. Thus, civil disobedience may be morally justified, even in a democracy. 91 reference notes.