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Two tales of civil disobedience : a reply to David Lefkowitz
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Brownlee, Kimberley (2018) Two tales of civil disobedience : a reply to David Lefkowitz. Res Publica, 24 . pp. 291-296. doi:10.1007/s11158-018-9401-x ISSN 1356-4765.
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Official URL: http://dx.doi.org/10.1007/s11158-018-9401-x
Abstract
In his article ‘In Defence of Penalizing (but not Punishing) Civil Disobedience’, David Lefkowitz (2017) neatly maps out the differences between his and my defences of the moral right to civil disobedience. We disagree, first, about its grounds and, second, about its scope. Concerning the grounds, I argue that the right to civil disobedience is grounded in people’s rights to freedom of expression and conscientious action. By contrast, Lefkowitz, like Raz (1979) and others, argues that it is grounded in people’s political participation rights, that is, broadly, their rights to have an equal say over lawmaking. Concerning the scope, I argue that the right to civil disobedience provides people with defeasible normative protection against all forms of state interference with their acts of civil disobedience including penalisation. By contrast, Lefkowitz argues that the right protects against punishment, but not against penalisation for civil disobedience. Let me take each disagreement in turn. With respect to the grounds, Lefkowitz and I might try to call a truce and agree that, like many other rights, the right to civil disobedience is grounded in a plurality of values and interests.
| Item Type: | Journal Article | ||||||||
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| Subjects: | J Political Science > JC Political theory K Law [Moys] > KA Jurisprudence |
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| Divisions: | Faculty of Social Sciences > Philosophy | ||||||||
| Library of Congress Subject Headings (LCSH): | Civil disobedience -- Law and legislation, Political participation -- Law and legislation | ||||||||
| Journal or Publication Title: | Res Publica | ||||||||
| Publisher: | Springer Netherlands | ||||||||
| ISSN: | 1356-4765 | ||||||||
| Official Date: | 15 August 2018 | ||||||||
| Dates: |
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| Volume: | 24 | ||||||||
| Page Range: | pp. 291-296 | ||||||||
| DOI: | 10.1007/s11158-018-9401-x | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Access rights to Published version: | Open Access (Creative Commons) | ||||||||
| Date of first compliant deposit: | 27 June 2018 | ||||||||
| Date of first compliant Open Access: | 28 June 2018 |
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