Democracy,Deliberation and Disobedience

This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest.Civil disobedience is understood in this paper as public, illegal and political protest carried out against state laws or policies. Justification here is understood as a moral or political justification -- where civilly disobedient citizens claim that they are morally or politically entitled to disobey law. It does not imply legal justification.John Rawls, A Theory of Justice (Oxford: Oxford University Press, 1972); Ronald Dworkin, A Matter of Principle (London: Harvard University Press, 1985).     

Samaritanism and Civil Disobedience

In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice.     

Uncivil Disobedience: Political Commitment and Violence

Standard accounts of civil disobedience include nonviolence as a necessary condition. Here I argue that such accounts are mistaken and that civil disobedience can include violence in many aspects, primarily excepting violence directed at other persons. I base this argument on a novel understanding of civil disobedience: the special character of the practice comes from its combination of condemnation of a political practice with an expressed commitment to the political. The commitment to the political is a commitment to engaging with others as co-members in the on-going political project of living together. I show how such an understanding of civil disobedience is superior to the Rawlsian strain of thought, which focuses on fidelity to law. Rawls was concerned with civil disobedience solely in the context of overriding political obligation. The project of characterizing a contestatory political practice that can be distinguished and used in a wider variety of contexts than Rawls is concerned with, including under illegitimate regimes, beyond the nation-state, or on behalf of anarchism, requires a different understanding of civil disobedience.     

Introduction: Law and Disobedience

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regime’s laws? How should reasons for obedience figure in our thinking about justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified.     

Features of a Paradigm Case of Civil Disobedience

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.I wish to thank Adam Cureton, John Gardner, David Garrard, Kinch Hoekstra, Peter Jones, Christoph Ortner and John Tasioulas for their helpful comments on previous drafts of this paper. For one definition of civil disobedience, see John Rawls, A Theory of Justice (Cambridge, Mass: Harvard University Press, 1971), 364. See also Hugo A. Bedau, On Civil Disobedience, Journal of Philosophy, 58/21 (1961), 653--61. For an alternative definition, see Joseph Raz, The Authority of Law: Essays on Law and Morality (Oxford: Clarendon Press, 1979), 263.     

Political deviance and the assumption of responsibility

Political deviance is a broad concept, less frequently invoked than the concept of political crime. It can be perpetrated by those in power, in the name of the state or individually, or by those struggling to effect social change. The focus on the latter brings to the fore two types of movements, terrorism and civil disobedience, with their partial similarities in goals and their apparent dissimilarities in the means employed to achieve these goals. Both groups tend to assume responsibility for their acts, although for different reasons. The assumption of responsibility itself is a clouded and sometimes ambiguous notion, both linguistically and in its ramifications in the political arena.     

Animal Rescue as Civil Disobedience

Apparently illegal cases of animal rescue can be either open or covert: ‘open rescue’ is associated with organizations such as Animal Liberation Victoria and Animal Liberation New South Wales; ‘covert rescue’ is associated with the Animal Liberation Front. While the former seems to qualify non-controversially as civil disobedience I argue that (irrespective of other considerations such as effectiveness or advisability) at least some instances of the latter could also qualify as civil disobedience just so long as various norms of civility (e.g. norms concerning recognition of others, the avoidance of violence and threats) are satisfied. The case for such a move is defended against objections that covertness is (1) inherently suspect; (2) a failure to accept responsibility; and (3) inconsistent with civil disobedience as a form of communication. Against such objections, the paper emphasizes the importance of respecting the open texture of the concept of civil disobedience if it is to be of continuing relevance against the backdrop of changing forms of non-violent dissent.     

Pyrrhonism in the Political Philosophy of Thomas Hobbes

The importance of Pyrrhonism to Hobbes's political philosophy is much greater than has been recognized. He seems to have used Pyrrhonist arguments to support a doctrine of moral relativity, but he was not a sceptic in the Pyrrhonist sense. These arguments helped him to develop his teaching that there is no absolute good or evil; to minimise the purchase of natural law in the state of nature and its restrictions on the right of nature; virtually to collapse natural law into civil law; and to make the sovereign the political, moral and theological epicenter of his political system.     

略论托马斯·斯坎伦的契约主义

托马斯·斯坎伦是以约翰·罗尔斯为首的平等的自由主义阵营内一位重要政治哲学家,面对《正义论》发表以后所遭受的各方面的批评,他在罗尔斯道德契约论的基础上,转变罗尔斯专注于宏观社会基本制度的学术走向,提出了一种实质性的契约主义,从微观角度来论证个人道德的本质,论证人们为什么要关注正当和不正当的问题,论证为什么正当和不正当对其它关怀和价值具有优先性。从而发展了罗尔斯道德理论的契约形式,对罗尔斯强于制度美德而疏于个人道德论证的缺陷做了有益补充,在伦理学界引起了较大反响。     

Civil disobedience and legal responsibility

Conclusion In Section One the automatic ratification of existing law as immediately self-validating is shown to undermine the very purpose of law - the surpassing of arbitrariness and of Czar-like ukases. In Sections Two and Three there is an attempt to explore the justification or grounding that can be given for the existing laws and civil disobedience, respectively. In both cases, the justification has been given in terms of fundamental human dignity which should never be violated by empirical laws. Only when such a violation does occur can civil disobedience be justified. Therefore, the rationale for, and motivation of, both a legal system and civil disobedience are the same.However, one does not so easily resolve the opposition between the two. For the law itself is proclaimed apodictically, without the reservation that one may with impunity break the law and commit an act of civil disobedience whenever the law violates one's conscience. Otherwise, we do not have a rule of law but instead anarchy. For, as Jesus has said and Abraham Lincoln paraphrased it: A kingdom (house) divided against itself will not stand. The law cannot declare that it is legal to break the law without incapacitating itself. The law must punish its violators to be a valid law; without powers of enforcing sanctions against violators the law is no law.However, we must not consider for this reason that those who are responsible for making, interpreting, and enforcing the law (on the one hand) and those who are civilly disobedient (on the other hand) are working at cross purposes. Both are concerned with justice. The civilly disobedient individual (who has not given up on the existing legal system and therefore who stops short of being a revolutionary) is concerned with improving the existing legal system. He envisions his role as therapeutic rather than destructive. He believes that the ideal of justice is being violated in some way in the existing laws (even though these laws may have been found Constitutional by the Supreme Court). He therefore makes of himself a martyr, bearing witness to the truth, and hoping thereby to educate and enlighten and to move men of good will - in short, to effect a change in the law.Before an individual who respects the rule of law should be willing to be civilly disobedient he must be convinced of the violation of basic human rights in the law. He also must consider whether civil disobedience is the most effective means of producing the desired change. But beyond the pragmatic consideration of the most effective means to produce the desired end, there is also the question of what is most meaningful and suitable for him personally in living in conformity with the categorical imperative. Discussions of civil disobedience which limit themselves to questions of practical consequences do a great disservice to such actions. For, must we not admire those who resisted Hitler, even though they realized that their actions were futile in terms of changing the law and might even mean their deaths?In a free society, dedicated to the rule of law, all citizens are concerned with justice. Those entrusted with the responsibility of enforcing the law obviously must do just that, so that violators of the law have to be punished. However, when legislators and judges notice that some of the most perspicacious and conscientious individuals are openly violating existing laws in the name of a higher law, they should also make a serious reappraisal of their positions, looking to see whether they may not have become morally insensitive or careless. Indeed, the real value of a free society is its flexibility and tolerance of dissent, even that of civil disobedience, which can serve to dramatize forcefully, deep-seated convictions concerning the injustice of certain laws on the books. It is true that fanatics from time immemorial have been willing to sacrifice much in the name of their cause. But whenever one finds that there is an individual who is willing to sacrifice much without the hope of personal advantage and who is also willing to provide arguments in defense of his position, society would do well to listen to his words and actions.Without the constant delving scrutiny and criticism of existing laws, there cannot be true legal responsibility. Therefore, the civilly disobedient individual, who is willing to put his head on the block in order to abrogate unjust laws, is in fact the legally responsible individual par excellence.     

左右侧颞顶联合区对道德意图信息加工能力的共同作用——基于经颅直流电刺激技术

行为人的意图动机是我们对日常行为的对错做出判断的重要依据。以往研究表明,左右侧颞顶联合区(TPJ)都可能与信念意图的整合加工能力相关,尤其是近年来越来越多的神经刺激研究为TPJ区域与心理状态归因能力之间的因果关系提供了证据。然而,这些研究在实验任务的选取,实验设计的优化,实验结论的稳健性上仍然有改进的空间。基于此,本研究开展了两个在设计上互相补充的实验。实验中被试的TPJ区域会接受一段时间的经颅直流电刺激,并完成一系列的道德判断任务,任务是由意图和结果,以及负性和中性2×2双变量构成的4种条件的故事:无伤人、伤人未遂、意外伤人和伤人成功,被试要对故事主角的行为做出谴责程度的道德判断。结合道德判断的谴责程度和决策时间数据发现,当人们在处理信念意图信息时,左右侧TPJ区域可能是协同互动、共同发挥作用的。在激活右侧TPJ并限制左侧TPJ的情况下,人们对负性结果的谴责程度变高,人们变得更加依赖于行为结果做出道德判断;而在限制右侧TPJ并激活左侧TPJ的情况下,人们对负性意图的谴责程度变高,人们变得更加依赖于行为者的动机做出道德判断。     

How has Philosophical Applied Ethics Progressed in the Past Fifty Years?

Applied ethics is relatively new on the philosophical scene, having grown out of the various civil rights movements of the 1950s and 1960s, as well as the student demand that college courses be relevant. Even today, there are those who think that there are no philosophically interesting practical ethical questions, and that applied ethics is not a branch of philosophy at all. This article rejects that view, both because some of the most interesting and respectable philosophers in the world have worked in applied ethics and because applied ethics has been the source of many difficult conceptual questions in theoretical ethics and even metaphysics. These include the grounds for moral status, human identity, how to conceive rights in general and the right to life in particular, the question whether existence itself can be a harm (the nonidentity problem), and the nature of moral principles.     

Language and the Social Roots of Conscience: Heidegger's Less Traveled Path

This paper develops a new interpretation of Heidegger's concept of conscience in order to show to what extent his thought establishes the possibility of civil disobedience. The origin of conscience lies in the self's appropriation of language as inviting a reciprocal response of the other (person). By developing the social dimension of dialogue, it is showsn that conscience reveals the self in its capacity for dissent, free speech, and civil disobedience. By developing the social roots of conscience, a completely new light is cast on the political implications of Heidegger's thought.     

Political Obligation,Dirty Hands and Torture; A Moral Evaluation

The example of a political leader who has to decide whether he would allow the torture of a suspect in order to get information about a ticking bomb has become notorious in ethical discussions concerning the tension between moral principles and political necessity. The relation between these notions must be made as clear as possible before a sincere moral evaluation of ticking bomb situations can be given. The first section of this article considers whether the concept of political obligation is different from moral and legal obligations or whether it is a special kind of moral obligation. In the second section, the idea that the dirty hands problem confronts us with the ambiguities of moral life is rejected because it would imply an untenable moral paradox. The thesis that is developed is, namely, if there is such a thing as political necessity, it must be some form of moral obligation. The third section analyses the concept of political necessity and concludes that it cannot overrule basic moral principles and that the international legal prohibition of torture must be considered to be a categorical imperative. In the last section, these ideas concerning political and moral necessity are brought in against the defence of torture, which should be tolerated in the ‘War on Terror’. There it will be argued that the use of the ticking bomb argument not only supports a highly hypocrite political practice but is also deceptive as a moral and political argument.     

OAKESHOTTIAN MODES AT THE CROSSROADS OF THE EVOLUTION DEBATES

I examine Michael Oakeshott's theory of modes of experience in light of today's evolution debates and argue that in much of our current debate science and religion irrelevantly attack each other or, less commonly but still irrelevantly, seek out support from the other. An analysis of Oakeshott's idea of religion finds links between his early holistic theory of the state, his individualistic account of religious sensibility, and his theory of political, moral, and religious authority. Such analysis shows that a modern individualistic theory of the state need not be barrenly secular and suggests that a religious sensibility need not be translated into an overmastering desire to use state power to pursue moral or spiritual ends in politics. Finally, Oakeshott's vision of a civil conversation, as both a metaphor for Western civilization and as a quasi-ethical ideal, shows us how we might balance the recognition of diverse modal truths, the pursuit of singular religious or philosophic truth, and a free political order.     

Perceptions of Anti-Catholic Bias and Political Party Identification Among U.S. Catholics

Recent controversies in the news over anti-Catholicism alleged by elites on both the left and the right raise the question of how perceptions of religious prejudice relate to political preferences among Catholics. Using survey data on 746 self-identified adult Catholics, we examine the extent to which they perceive anti-Catholic bias and how those perceptions are related to political party identification. Catholics were asked whether they think there is a general anti-Catholic bias in the United States and whether each of seven sociopolitical groups is "hostile,""friendly," or "neutral" toward Catholics. The likelihood of perceiving a general anti-Catholic bias in the United States and anti-Catholic hostility from liberal sociopolitical groups increases with more frequent Mass attendance. The likelihood of perceiving hostility from conservative groups is unrelated to attendance. While the perception of a general anti-Catholic bias in the United States does not predict political party identification, perceptions of hostility from liberal groups tend to predict Republican identification, and perceptions of hostility from conservative groups tend to predict Democratic identification. Though perceived hostility from liberal groups has a stronger effect on party identification, we conclude that perceptions of anti-Catholic prejudice are related to the politics of some Catholics on both the left and the right.     

Moral Conviction and Political Engagement

The 2004 presidential election led to considerable discussion about whether moral values motivated people to vote, and if so, whether it led to a conservative electoral advantage. The results of two studies—one conducted in the context of the 2000 presidential election, the other in the context of the 2004 presidential election—indicated that stronger moral convictions associated with candidates themselves and attitudes on issues of the day uniquely predicted self-reported voting behavior and intentions to vote even when controlling for a host of alternative explanations (e.g., attitude strength, strength of party identification). In addition, we found strong support for the hypothesis that moral convictions equally motivated political engagement for those on the political right and left and little support for the notion that a combination of morality and politics is something more characteristic of the political right than it is of the political left.     

Morally Serious Critics of Moral Intuitions

I characterize moral intuitionism as the methodological claim that one may legitimately appeal to moral judgments in the course of moral reasoning even when those judgments are not supported by inference from other judgments. I describe two patterns of criticism of this method: 'morally un serious' criticisms, which hold that 'morality is bunk', so appeals to moral intuitions are bunk as well; and 'morally serious' criticisms, which hold that morality is not bunk, but that appeals to moral intuition are nonetheless misguided. I consider morally serious criticisms of Kantian and Aristotelian provenance, but defend the intuitionist method from both.     

Birth order and civil disobedience: a test of Sulloway's "Born to Rebel" hypothesis

In Born to Rebel, F. Sulloway (1996) argued that, throughout history, later-borns have been more likely than first-borns to challenge the status quo. The authors tested Sulloway's hypothesis among a group of U.S. college students who had participated in civil disobedience as part of a labor dispute. The authors predicted that there would be a higher percentage of later-borns among those who had been arrested than among a group of their friends who had not participated in civil disobedience or among a control group of students drawn from classes at the college. The findings, in fact, revealed a significant relationship between the number of times the students had been arrested and birth order.     

A COMMENTARY ON POPULAR ASSUMPTIONS ABOUT POLITICAL COMMUNICATION

This essay examines certain popular assumptions made about political discourse. Five common criticisms of political talk are examined: (1) politicians too frequently emphasize their images at the expense of issues; (2) politicians' personal inadequacies render their remarks corrupt or incompetent; (3) all political talk is a chimera, totally incapable of ameliorating human conditions: (4) political leaders use verbal masks to hide the deceptions they foist upon their constituencies: and (5) because public dialogue rarely fosters true understanding, it cannot bring about rapprochement. While there is some truth in each of these criticisms, each makes too bold a denunciation of political discourse. The author advocates another perspective—reificationism—and suggests why it has both practical and theoretical advantages over its rivals.