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24 - Civil Disobedience

from Part II - Modalities

Published online by Cambridge University Press:  27 March 2025

Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

How should a constitutional state – one that respects subjects’ basic rights – treat civil disobedients? This chapter presents and critically engages with some of the most prominent answers legal scholars, political theorists, and philosophers have given to this question. On what I call punitive approaches, which I present in section 1, civil disobedience is first and foremost an act of resistance that threatens the constitutional order, and thus a public wrong worthy of punishment. Theorists of civil disobedience have challenged this approach since the 1960s, especially by conceiving of civil disobedience as a kind of dissent, which liberal democratic societies ought to and can ‘make room’ for. Sections 2 and 3 examine these ‘constitutionalizing’ approaches, with section 2 focusing on the case for leniency, and section 3 on the case for broad accommodation. Section 4 examines the costs of constitutionalizing approaches and reclaims the understanding of civil disobedience as a kind of resistance, alongside its uncivil counterparts, that is sometimes justified and even necessary in constitutional democracies.

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Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Bedau, H. A., ed. (1991). Civil Disobedience in Focus, London: Routledge.Google Scholar
Brownlee, K. (2012). Conscience and Conviction: The Case for Civil Disobedience, Oxford: Oxford University Press.CrossRefGoogle Scholar
Çıdam, Ç., Scheuerman, W. E., Delmas, C. et al. (2020). Theorizing the politics of protest: Contemporary debates on civil disobedience. Contemporary Political Theory. Available from: https://doi.org/10.1057/s41296-020-00392-7CrossRefGoogle Scholar
Delmas, C. (2018). A Duty to Resist: When Disobedience Should Be Uncivil, New York: Oxford University Press.CrossRefGoogle Scholar
Dworkin, R. (1978 [1977]). Taking Rights Seriously, 5th edn, Cambridge, MA: Harvard University Press.Google Scholar
Habermas, J. (1985). Civil disobedience: Litmus test for the democratic constitutional state. Translated by J. Torpey. Berkeley Journal of Sociology, 30, 95116.Google Scholar
Milligan, T. (2013). Civil disobedience: Protest, Justification and the Law, London: Bloomsbury Academic.Google Scholar
Rawls, J. (1999a [1971]). A Theory of Justice, rev. edn, Cambridge, MA: The Belknap Press of Harvard University Press.CrossRefGoogle Scholar
Raz, J. (1979). The Authority of Law: Essays on Law and Morality, Oxford: Oxford University Press.CrossRefGoogle Scholar
Scheuerman, W. E. (2018). Civil Disobedience, Cambridge, UK, Medford, MA: Polity Press.Google Scholar
Schwartzberg, M., ed. (2020). NOMOS LXII: Protest and Dissent, New York: New York University Press.Google Scholar
Smith, W. (2013). Civil Disobedience and Deliberative Democracy, Cambridge, UK: Routledge.CrossRefGoogle Scholar
Walzer, M. (1970). Obligations: Essays on Disobedience, War, and Citizenship, Cambridge, MA: Harvard University Press.Google Scholar
Zinn, H. (2002 [1968]). Disobedience and Democracy: Nine Fallacies of Law and Order, Cambridge, MA: South End Press.Google Scholar

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