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Features of a paradigm case of civil disobedience
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Brownlee, Kimberley (2010) Features of a paradigm case of civil disobedience. Res Publica, Volume 10 (Number 4). pp. 337-351. doi:10.1007/s11158-004-2326-6 ISSN 1356-4765.
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Official URL: http://dx.doi.org/10.1007/s11158-004-2326-6
Abstract
The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this methodological approach, the paper proceeds with an examination of two key, interconnected features: conscientiousness and communication. First, a link is made between the conscientious aspect of civil disobedience and moral consistency; a civil disobedient demonstrates a conscientious commitment to certain values through her willingness to condemn, and to dissociate herself from, governmental decisions that violate those values. A parallel is then drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. Both practices are associated with an aim to demonstrate protest against certain types of conduct and an aim to bring about a change in that conduct. In paradigm situations, a civil disobedient aims to lead policymakers not only to reform existing law, but also to internalise her objections so as to produce a lasting change in the law. Having such aims places some constraints upon the modes of communication that she reasonably may use to achieve these aims. This paper concludes by considering three controversial modes of communication – coercion, publicity and violence.
Item Type: | Journal Article | ||||
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Subjects: | B Philosophy. Psychology. Religion > BJ Ethics J Political Science > JC Political theory K Law [Moys] > KA Jurisprudence |
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Library of Congress Subject Headings (LCSH): | Civil disobedience -- Law and legislation | ||||
Journal or Publication Title: | Res Publica | ||||
Publisher: | Springer | ||||
ISSN: | 1356-4765 | ||||
Official Date: | December 2010 | ||||
Dates: |
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Volume: | Volume 10 | ||||
Number: | Number 4 | ||||
Page Range: | pp. 337-351 | ||||
DOI: | 10.1007/s11158-004-2326-6 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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