The Library
Conscience and conviction : the case for civil disobedience
Tools
Brownlee, Kimberley (2012) Conscience and conviction : the case for civil disobedience. Oxford Legal Philosophy . Oxford: Oxford University Press. ISBN 9780199592944
Research output not available from this repository.
Request-a-Copy directly from author or use local Library Get it For Me service.
Official URL: http://ukcatalogue.oup.com/product/9780199592944.d...
Abstract
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.
Item Type: | Book | ||||
---|---|---|---|---|---|
Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Oxford Legal Philosophy | ||||
Publisher: | Oxford University Press | ||||
Place of Publication: | Oxford | ||||
ISBN: | 9780199592944 | ||||
Official Date: | 18 October 2012 | ||||
Dates: |
|
||||
Number of Pages: | 280 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
View Item |