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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

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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
Subjects: J Political Science > JC Political theory
K Law [Moys] > KA Jurisprudence
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:
DateEvent
15 August 2018Published
31 May 2018Available
29 May 2018Accepted
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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