By Kimberley Brownlee
Arguing for the ethical and criminal defensibility of conscientious disobedience, and especially civil disobedience, this ebook first examines the morality of judgment of right and wrong and conscientiousness after which the legality of conscientious breach of legislations.
Part I specializes in the morality of sense of right and wrong and conscientiousness. those are relatively missed innovations in modern ethical and felony idea, even though they're crucial to useful debates concerning the ethics of struggle, healthcare, and political participation, between others. The ebook disambiguates the descriptive suggestion of conscientiousness as honest conviction from the evaluative concept of conscience as actual ethical responsiveness. this offers upward push to a communicative precept of conscientiousness (CPC), based on which honest ethical conviction calls for not just that we act continuously with our ideals and make common ethical decisions, but additionally that we no longer search to ward off the results of doing so and be keen to speak our convictions to others.
The CPC informs the resultant dialogue of folks' rights and tasks inside a liberal democracy. against this with common liberal theorizing, the publication indicates that individuals who have interaction within the communicative perform of certainly restricted civil disobedience have a greater declare to an ethical correct to conscientious motion than do those who have interaction in non-communicative, inner most, or evasive 'conscientious' objection.
Part II argues that civil disobedience is usually extra defensible than own disobedience. The booklet explores putative criminal defences - a demands-of-conviction defence and a need defence - and argues that every applies extra effortlessly to civil disobedience than to non-public disobedience. The publication responds to issues approximately strategic-action, democracy, festival of values, and proportionality, all of which fail to remember the communicative nature of honest conviction and underestimate the capability of democratic legislation to realize the legitimacy and value of values except literal compliance with the legislations.
The e-book concludes by way of highlighting a parallel among the communicative goals of civil disobedience and the communicative goals of lawful punishment. in simple terms the previous might declare to have discussion objectives, which increases problems for the justifiability of punishing civil disobedience.
Oxford felony Philosophy publishes the simplest new paintings in philosophically-oriented felony idea. It commissions and solicits monographs in all branches of the topic, together with works on philosophical concerns in all parts of private and non-private legislations, and within the nationwide, transnational, and overseas geographical regions; stories of the character of legislation, criminal associations, and criminal reasoning; remedies of difficulties in political morality as they endure on legislation; and explorations within the nature and improvement of criminal philosophy itself. The sequence represents varied traditions of inspiration yet regularly with an emphasis on rigour and originality. It units the normal in modern jurisprudence.
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Extra info for Conscience and Conviction: The Case for Civil Disobedience
8 There are notable implications of the conscientious, communicative aims of civil disobedience. 20) bring about a lasting positive change in law or policy, and, in consequence, we appreciate the reasons we have not to be overly radical in our communication. In other words, we appreciate the reasons to seek rationally to persuade others of the merits of our view rather than to force them to make changes. These reasons are that, first, the appeal of our communication may be lost if it is drowned out by more forceful tactics.
For their support of the project, I thank Matt Matravers and Mark Philp. I wish to thank Adam Slavny for his efficient assistance with proofreading and compiling the bibliography and index. I am grateful to two OUP referees for valuable feedback on the proposal. And, I am particularly grateful to the OUP reader who provided 19 pages of wonderfully helpful comments on the book. ix) The chapters were presented in various talks between 2008–11. I thank audiences at the Universities of Brighton, Keele, Leeds, Manchester, North Carolina (Chapel Hill), Oxford, Pompeu Fabra, Santa Clara, Sheffield, St Andrews, Stirling, Vanderbilt, Warwick, and York (Toronto).
In a liberal regime, there is no right to civil disobedience, Raz says, since, by hypothesis, the law adequately protects citizens’ rights to political participation. Raz says that a stronger case can be made for the right to private conscientious objection than for civil disobedience (1979), ch 15. (8) Ill Rev Stat c 745, 70/2 (1998). Cited in Wicclair, Mark (2011) Conscientious Objection in Health Care: An Ethical Analysis. Cambridge: Cambridge University Press, 210. (9) Most accounts, particularly objective accounts such as that advanced by Immanuel Kant, seeconscience in backward-looking, juridical terms as an inner critic or judge before which our thoughts accuse or excuse each other.