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).     

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.     

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.     

Judicial Responses to Civil Disobedience: A Comparative Approach

In this paper, I compare the extent of Anglo-American judicial engagement in response to civil disobedience with that of the French judiciary. I begin by examining what the civil disobedient can realistically expect to achieve in a court of law. I shall argue that his priority should be to require the judge, acting as a mouthpiece for the law, to respond to his complaints. To do this, the civil disobedient must be able to deny liability for the offence he has allegedly committed by urging a different interpretation of the law on the basis of an alternative -- but plausible -- reading of constitutional or human rights. If the civil disobedient can do this, he can claim a victory of sorts, even if his claims are ultimately unsuccessful. But legal culture can present a further barrier. Judges have different roles in different jurisdictions and therein lie further difficulties for the French civil disobedient.     

Identifying Systematic Disobedience in Milgram's Obedience Experiments: A Meta-Analytic Review

ABSTRACT— A meta-analysis of data from eight of Milgram's obedience experiments reveals previously undocumented systematicity in the behavior of disobedient participants. In all studies, disobedience was most likely at 150 v, the point at which the shocked "learner" first requested to be released. Further illustrating the importance of the 150-v point, obedience rates across studies covaried with rates of disobedience at 150 v, but not at any other point; as obedience decreased, disobedience at 150 v increased. In contrast, disobedience was not associated with the learner's escalating expressions of pain. This analysis identifies a critical decision point in the obedience paradigm and suggests that disobedient participants perceived the learner's right to terminate the experiment as overriding the experimenter's orders, a finding with potential implications for the treatment of prisoners.     

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.     

A Defence of Jury Nullification

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, I discuss the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification.R. Pound, Law in Books and Law in Action, American Law Review 44 (1910),18.The term jury nullification is synonymous with jury equity. The use of jury nullification has been suspected of playing a role in the infamous trials of O. J. Simpson and Rodney King in the last decade. See People v Simpson, No. BA097211 (Cal. Super. Ct. 1995); People v Powell, No. BA035498 (Cal. Super. Ct. 1991).     

Just Procedures with Controversial Outcomes: On the Grounds for Substantive Disputation within a Procedural Theory of Justice

Acts of civil disobedience and conscientious objection provide valuable indications of the congruence of political outcomes with citizens’ conceptions of justice and the good. As their primary concern is substantive, their logic seems extraneous to procedural approaches to justice. Accordingly, it has often been argued that these latter condemn citizens to a ‘deaf-and-blind’ acceptance of the outcomes of agreed procedures. A closer analysis of such acts of contestation shall reveal that although, for proceduralism, the outcomes of just procedures cannot be contested as unjust, they may be contested on the ground of values other than justice, such as someone’s religious/ethical allegiances. Proceduralism about justice will be thus shown to be consistent with the commitment to realising certain outcome-oriented values.     

Ambiguous Communication of Sexual Intentions as a Risk Marker of Sexual Aggression

Three studies are reported that explored the role of ambiguous communication of sexual intentions as a risk factor for sexual aggression and victimization. Two main forms of ambiguous communication were distinguished: token resistance (saying no when you mean yes) and compliance (saying yes when you mean no). Two samples of heterosexual men and women and a sample of homosexual men with a total N of 1284 completed a measure of sexual victimization or aggression and indicated whether or not they had ever shown token resistance or compliance in a sexual encounter. Moreover, the heterosexual male respondents indicated whether they had ever perceived token resistance or compliance in a female partner. Logistic regression analyses revealed that the risk of experiencing sexual victimization was significantly increased as a function of token resistance. Two of the three studies also showed compliance to be a risk factor for sexual victimization. For the male respondents, token resistance was consistently linked to a higher likelihood of perpetrating sexually aggressive acts in the three studies. Perceived compliance was also found to increase the risk of sexual aggression in three of four analyses. Support for a link between perceived token resistance and sexual aggression was found in the first study only. Overall, the findings suggest that the use of ambiguous communication in negotiating sexual encounters is associated with an increased risk of sexual victimization as well as perpetration of sexually aggressive acts in both heterosexual and homosexual contacts. The implications of the findings are discussed with respect to the issue of rape prevention.     

The aim and structure of applied research

The distinction between basic and applied research is notoriously vague, despite its frequent use in science studies and in science policy. In most cases it is based on such pragmatic factors as the knowledge and intentions of the investigator or the type of research institute. Sometimes the validity of the distinction is denied altogether. This paper suggests that there are two ways of distinguishing systematically between basic and applied research: (i) in terms of the utilities that define the aims of inquiry, and (ii) by reference to the structure of the relevant knowledge claims. An important type of applied research aims at results that are expressed by techical norms (in von Wright's sense): if you wish to achieveA, and you believe you are in a situationB, then you should doX. This conception of design sciences allows us to re-evaluate many issues in the history, philosophy, and ethics of science.     

Screening-off and The Levels of Selection

In The Levels of Selection (Brandon, 1984), Robert Brandon provides a suggestive but ultimately unsuccessful attempt to use the probabilistic notion ofscreening off in providing a schema for dealing with an aspect of the units of selection question in the philosophy of biology. I characterize that failure, and suggest a revision and expansion of Brandon's account which addresses its key shortcoming.     

Gender Differences in Self-Reported Response to Troubles Talk

Tannen [(1990) You Just Don't Understand: Women and Men in Conversation, New York: William Morrow] and others have argued that women and men differ in communication style, and particularly in the way they respond to troubles talk. However, her research on gender differences in communication style has primarily made use of qualitative analysis of naturally occurring discourse. A Communication Styles Survey was developed to assess self-reported behavioral and emotional responses in troubles talk situations. This survey was administered to a total of 384 participants, the majority of whom were Caucasian college students. Statistically significant gender differences consistent with Tannen's predictions were found but the effect sizes tended to be small. Self-reported responses to troubles talk (such as giving advice) showed consistent individual differences among persons; for example, some persons tend to report themselves as advice givers or jokers across a wide range of troubles talk situations.     

Argument as Inquiry in a Postmodern Context

Argumentation is a form of communication, rather than an application of(formal) logic, and is used in communicative activity as a means forinquiry, although it is more typically thought of as bringing inquiry toclosure. Thus interpretation is an intrinsic and crucial aspect ofconversational (interactive) argumentation. In order to further thisunderstanding of argumentative activity, I propose a procedure forinterpretation that draws upon hermeneutic phenomenology. In response tocriticisms by argumentation theorists (and others) who understand thistradition as oriented to psychological, perceptual, or textual objects, Iargue that hermeneutic phenomenology supports methods for analysis ofpublic communicative activity. The resulting conception of thick argumentation responds to contemporary (postmodern) claims that argumentation valorizes univocity, stasis, and certainty at the expense ofthe pluralism, fluctuation, and range of epistemic results thatcharacterize discourse in the public sphere.     

Question-begging and infinite regress

InMetaphysics , Ch. 4, Aristotle speaks of both infinite regress and question-begging, but does not explicitly relate them. We get the impression that he thinks that to use one of these arguments to avoid the other is to jump from the frying-pan into the fire. This relationship is illustrated in terms of the ignorant belief that everything can be proved, and of attempts to prove the Law of Noncontradiction.     

Reuben's fall: complicating ‘goodness’ and schoolroom disobedience

This article offers a snapshot of children's sentient and relational spirituality within a moment of disobedience in a kindergarten classroom. It is a portion of a study that employed a combination of qualitative inquiry (by Eisner in 1998 Eisner, E. 1998. The enlightened eye: Qualitative inquiry and the enhancement of educational practice, Upper Saddle River, NJ: Prentice‐Hall.  [Google Scholar]) and rhizoanalyis, adapted from the work of Deleuze and Guattari (of 1987 Deleuze, G. and Guattari, F. 1987. A thousand plateaus: Capitalism and schizophrenia, Edited by: Massumi, B. Minneapolis, MN: University of Minnesota Press.  [Google Scholar]), MacNaughton (of 2005 MacNaughton, G. 2005. Doing Foucault in early childhood studies: Applying poststructural ideas, New York: Routledge. [Crossref] [Google Scholar]). The purpose of the larger study was to present moments of kindergarten children's disobedience in order to more fully understand the complexity of each moment. Rhizoanalysis was engaged in order to open lateral paths toward new understandings and questions regarding the disobedient actions of children, and so served to destabilise and challenge the known and given texts of children's disobedience and to disrupt the assumptions often made regarding the actions and interactions of young children as ‘bad’ or ‘good’ and offer ways to ‘see’ each moment of interaction as many things – both and neither bad nor good. The moment of disobedience and discussion offered within this paper focus on the children's engagement with one another as sensory and spiritual, using Hay and Nye's notion of spirituality as awareness‐, mystery‐, and value‐sensing.     

Maximization of sums of quotients of quadratic forms and some generalizations

Monotonically convergent algorithms are described for maximizing six (constrained) functions of vectors x, or matricesX with columns x₁, ..., x _r . These functions are h₁(x)= _k (xA _kx)(xC _kx)^–1, H₁(X)= _k tr (XA _k X)(XC _k X)^–1, h₁(X)= _{k l} (x _l A _kx _l ) (x _l C _kx _l )^–1 withX constrained to be columnwise orthonormal, h₂(x)= _k (xA _kx)²(xC _kx)^–1 subject to xx=1, H₂(X)= _k tr(XA _kX)(XA_kX)(XC_kX)^–1 subject toXX=I, and h₂(X)= _{k l} (x _l A _kx _l )² (x _l C _kX _l )^–1 subject toXX=I. In these functions the matricesC _k are assumed to be positive definite. The matricesA _k can be arbitrary square matrices. The general formulation of the functions and the algorithms allows for application of the algorithms in various problems that arise in multivariate analysis. Several applications of the general algorithms are given. Specifically, algorithms are given for reciprocal principal components analysis, binormamin rotation, generalized discriminant analysis, variants of generalized principal components analysis, simple structure rotation for one of the latter variants, and set component analysis. For most of these methods the algorithms appear to be new, for the others the existing algorithms turn out to be special cases of the newly derived general algorithms.This research has been made possible by a fellowship from the Royal Netherlands Academy of Arts and Sciences to the author. The author is obliged to Jos ten Berge for stimulating this research and for helpful comments on an earlier version of this paper.     

New lower and upper bounds for communality in factor analysis

We derive several relationships between communalities and the eigenvalues for ap ×p correlation matrix under the usual factor analysis model. For suitable choices ofj, _j (), where _j () is thej-th largest eigenvalue of , provides either a lower or an upper bound to the communalities for some of the variables. We show that for at least one variable, 1 - _p () improves on the use of squared mulitiple correlation coefficient as a lower bound.This research was done while the second author was at Tokyo Institute of Technology.     

Interpretations of the first-order theory of diagonalizable algebras in peano arithmetic

For every sequence |p _n } _n of formulas of Peano ArithmeticPA with, every formulaA of the first-order theory diagonalizable algebras, we associate a formula ⁰ A, called the value ofA inPA with respect to the interpretation. We show that, ifA is true in every diagonalizable algebra, then, for every, ⁰ A is a theorem ofPA.     

Gender differences,mediation, and disciplinary styles in children's responses to television

A sample of kindergarten and first-grade children was studied in a research center and at school to determine the extent to which family communication mediated their comprehension of television, as well as a series of cognitive skills necessary for such comprehension. Separate analyses were conducted for boys and girls, and results indicated that certain styles of family mediation facilitated comprehension more effectively for boys than for girls. Additionally, differential effects of two styles of discipline were found for each sex.This research was funded by a grant to Jerome and Dorothy Singer from the John D. and Catherine T. MacArthur Foundation entitled Television and Family Living Patterns.     

Belief change as change in epistemic entrenchment

In this paper, it is argued that both the belief state and its input should be represented as epistemic entrenchment (EE) relations. A belief revision operation is constructed that updates a given EE relation to a new one in light of an evidential EE relation, and an axiomatic characterization of this operation is given. Unlike most belief revision operations, the one developed here can handle both multiple belief revision and iterated belief revision.The authors are thankful to John G. Bennett, Henry E. Kyburg, Jr., Norman Foo, Pavlos Pepas, Maurizio Pagnucco, Bob Hadley, members of the Knowledge Systems Group at the University of Sydney and participants of the AI'93 workshop on Belief Revision: Bridging the Gap Between Theory and Practice at Melbourne where a version of this paper was presented, for their suggestions. The authors also express their gratitude to the two anonymous referees for Synthese for their excellent comments and suggestions. Of course it is only the authors that are responsible for the errors that remain.