from Part I - Plural Voices, Rival Frameworks
Published online by Cambridge University Press: 24 June 2021
A liberal theory of civil disobedience aims to address the following question: if social institutions are for the most part just, what should a citizen with a sense of justice do when confronted with an unjust law? Liberal theory responds to this question by arguing that moderately unjust legislation remains legitimate – and the duty of citizens to comply with the law remains effective – only as long as the legislation could be accepted by rational persons reflecting under fair conditions on the justice of their institutions. A liberal theory must therefore offer an account of the conditions under which the duty to comply with laws enacted by the legislature of a nearly just democratic ceases to be binding and the forms of lawbreaking or resistance that may be employed once legislation passes this point. More particularly, a liberal theory of disobedience must address two issues.
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