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.     

The Space of Argumentation: Urban Design, Civic Discourse, and the Dream of the Good City

In this paper, I explore connections between two disciplines not typically linked: argumentation theory and urban design. I first trace historical ties between the art of reasoned discourse and the idea of civic virtue. I next analyze discourse norms implicit in three theories of urban design: Jane Jacobs' The Death and Life of Great American Cities (1961), Christopher Alexander's A Pattern Language: Towns, Buildings, Construction (1977), and Peter Katz's The New Urbanism: Toward an Architecture of Community (1994). I then propose a set of settlement issues of potential interest to both urban designers and argumentation theorists: size, density, heterogeneity, publicity, security, and identity. I conclude by suggesting that the good city be seen as both a spatial and a discursive entity. From such a perspective, good public discourse is dependent, at least in part, on good public space; and good public space is defined, at least in part, as a context conducive to good public discourse.     

Civic engagement and the possibility of the political

During the last half a century, civil rights movements have been led by people of faith even as they have marched in different directions. Some spoke out for the status quo while others demanded a different vision of justice, some for peace and others for war, for a violence-free life for women and against it. The issues and partisans shift, particularly as the relationship between state and church, faith and politics, has varied from one country to the next. Participation is dangerous, but even more so are inaction, withdrawal, obedience. This issue of Dialog takes another look at the history, philosophy, and practice of Christians.     

Civil Ethics and the Validity of Law

This paper aims to clarify the nature and contents of 'civil ethics' and the source of the binding force of its obligations. This ethics should provide the criteria for evaluating the moral validity of social, legal and morally valid law. The article starts with observing that in morally pluralist Western societies civil ethics already exists, and has gradually started to play the role of guiding the law. It is argued that civil ethics should not be conceived as 'civic morals' which is in fact rather 'state ethics', nor as 'public ethics' which is said to reach its perfection when it becomes law, nor as ethics applicable primarily to the basic structure of a society (political liberalism), but instead as a citizens' ethics. Subsequently the paper attempts to show what the contents of this ethics are, and which ethical theory would be able to ground its obligations.     

Policy, Principle, and Incrementalism: Dworkin's Jurisprudence of Race

For several decades, Ronald Dworkinhas been one of the most prominent voicesdefending the legality and justifiability ofrace-conscious programs aimed at undoing thecontinuing effects of prejudice. Writingwithin the framework of a liberal legalphilosophy, he has formulated powerfularguments against the view that color-blindpolicies are the only defensible ones. Nonetheless, I argue that a more completeliberal defense of race-conscious policieswould need to develop and modify Dworkin's lineof argument. Such a defense would go beyondhis policy-based arguments and incorporatearguments of principle. Race-conscious policiesdo not only promote the general good; they arealso required in order to help realize theconstitutional right of equal citizenship.     

THE ETHICS OF PROPHETIC DISOBEDIENCE: Qur'an 8:67 at the Crossroads of Islamic Sciences

Medieval Muslim scholars were challenged with squaring their conceptions of prophetic infallibility with reports that Muhammad disobeyed revelatory commands from God. The manner in which they rehabilitated the prophetic image in these cases had corresponding repercussions in the fields of jurisprudence, theology, and legal theory. The present article uses the case of Q. 8:67 to demonstrate the intertwined nature of the Islamic sciences and the stakes involved when delimiting the prophetic ability to err and/or disobey God.     

人本视域下的和谐社会及其政治、伦理构建

来自于不同学科的对和谐社会的热烈探讨,成为近年来中国学界的一大理论景观.随着认识的深入,对和谐社会构建途径的探讨无疑是最具现实性与价值性的方面.作为一种社会状态而非社会形态,和谐社会本质上表现为以人为本的主体性和谐.依据社会主义和谐社会的特定内涵和特征,我们认为在和谐社会构建的众多可能途径中,不仅需要公民社会的政治建构和制度保障,更需要相应的现代意义上的公民伦理和公民道德建构.公民社会以制度化的形式确立民主法制、自由平等、公平正义等当代社会基本价值理念,并确保全体国民共享和受惠于这些理念,从而为建立真正的和谐社会提供制度保障;公民伦理、公民道德作为公民社会的观念形态、精神蕴涵、文化表征与价值确证,揭示公民社会的本质特征和本质要求,为公民社会的建构提供价值导引与方法论指导,从而为和谐社会的构建提供坚强的基石和后盾.     

Religion,Democracy and the ‘Dawla Madaniyya’ of the Arab Spring

The object of this article is to review and evaluate a debate that has been taking place among Muslim and Arab writers for some time now about the concept of ‘dawla madaniyya’ (‘civil state/government’), and the place of religion in democratic politics. More precisely, it will be suggested that the current popularity of the term ‘dawla madaniyya’ signifies only a partial meeting of minds between Islamists and their liberal and secular opponents. By and large, the concept seems to have an instrumental value as part of an on-going discursive struggle between various political orientations about the place of Islam in the social–political order. On the basis of our discussion of the terms of the debate, a new approach to conceptualizing the disagreement will be suggested. The goal of this is not to resolve the disagreement, but rather to sharpen it in a way that shows what is required to achieve significant progress. The final resolution of the disagreement must await a more radical convergence of ideas than currently exists – a convergence that touches not only on standards of reasonableness but also on substantive beliefs and values.     

Eugene Carson Blake: Renewal in Church and Society

This article reviews the ecumenical involvement of Eugene Carson Blake, the second general secretary of the World Council of Churches (WCC) from 1966 to 1972, focusing on the support for the US civil rights movement and rejection of racism that he brought with him to the WCC. It also examines his role at the WCC's 4th Assembly, in Uppsala, which is often seen as a turning point in ecumenical history.