civil disobedience in a democracy is morally justified contentions

Copenhagen, DK: University of Copenhagen, Faculty of Humanities-Markovits, D. 2005. Our system has not yet updated this debate. Universal laws: Can national laws break "universal" laws, justifying civil disobedience? Their theories are rooted in a liberal tradition.

On the one hand, civil disobedience can help relieve great injustice and inhibit moral wrongs. 2) Civil disobedience is a mechanism for rights protection under democracy for … This debate has been configured to only allow voters who meet the requirements set by the debaters. Is it morally justified to break democratically enacted laws to promote justice? Support United Academics,

Deliberative inertia occurs when certain discourses, i.e. By using this site, you agree to our Privacy Policy and our Terms of Use. . Today, scholars continue to debate the specifics of the concept (for further discussion of the concept see Brownlee, K. 2012; Milligan, T. 2017; Smart, B. This debate either has an Elo score requirement or is to be voted on by a select panel of judges. 1991. Once violence is used, civil disobedience is also NOT used. Drawing on Habermas’ theory of deliberative democracy (Habermas, J. Taking Rights Seriously. You are not eligible to vote on this debate, Resolved: Civil disobedience in a democracy is morally justified. For example, civil disobedience is justified when used to call on governments to act on the urgent environmental issues the globe is facing. The Case for Civil Disobedience. Categories: Law | Individual rights | Civil rights | Democracy | Individual choices | Morality | Philosophy. You are not eligible to vote on this debate. This debate has been configured to only allow voters who meet the requirements set by the debaters. On Civil Disobedience and Liberal Democracy. Civil disobedience is a term coined by Henry David Thoreau. The Case for Civil Disobedience, The Constitution of Equality: Democratic Authority and its Limits, Global Protesters Versus Global Elites. With civil disobedience, an interesting philosophical question arises: how are we to reconcile the idea that civil disobedience is sometimes morally justified with the idea that citizens of liberal democracies ought to respect the opinion of their fellow citizens and follow democratically enacted laws, even when these laws are unjust or wrong?

Cambridge, MA: Harvard University Press-Smart, B. Yes, civil disobedience is a very important tool in the hands of a citizen to make the government accountable. Civil disobedience is justified when it is used to protest democratic majorities overstepping their authority by violating fundamental rights. This debate either has an Elo score requirement or is to be voted on by a select panel of judges. All rights reserved, Using Artificial Intelligence to Diagnose COVID19, Thai Doctors Use Anti-HIV and Anti-flu Drugs to Treat Patients with Coronavirus Infection, Study Reveals Geographic Differences in the SARS-CoV-2 Genomes, Spain to Ease Lockdown Rules for Children, Spain Orders Mandatory Quarantine for Incoming Travellers, Civil Disobedience in Democracies: Why Citizens May Break the Law, Brownlee, K. 2012; Milligan, T. 2017; Smart, B. Support Science. Civil disobedience is not only conceptually interesting but engaging in civil disobedience in a liberal democracy also raises a moral problem. Exponents of the democratic approach criticize liberal theories for excluding disobedience addressing democratic deficits and thus for failing to account for many of today’s global protests against global governance institutions such as the IMF (International Monetary Fund), the WTO (World Trade Organization) or the EU (European Union) (Markovits, D. 2005; Dupuis-Déri, F. 2007). Oxford, UK: Oxford University Press -Dupuis-Déri, F. 2007. New Jersey: Princeton University Press -Habermas, J. This debate has 2 more rounds before the voting begins. Stance: Affirmative/Negative. - Is civil disobedience every justified in a functioning democracy? Because I agree with Henry David Thoreau, I affirm. When he was arrested, Thoreau didn't fight back with violence, but filled out his sentence nonviolently. Rawls, for example, argues that civil disobedience is only justified when used to fight clear violations of liberty rights, further provided that dissenters have already tried the legal channels of political participation that are available in a liberal democracy to no avail and that they accept their punishment for breaking the law. Civil disobedience is often characterized as a conscientious act of illegal protest that people engage in to communicate their opposition to law or government policy. No comments have been posted on this debate. Prominent philosophical and legal scholars such as John Rawls (Rawls, J. “Global Protesters Versus Global Elites. A philosophical discussion of civil disobedience.

By using this site, you agree to our Privacy Policy and our Terms of Use. “Democratic Disobedience” in The Yale Law Journal 114/8: 1897-1952;-Milligan, T. 2017. Because civil disobedience is a valid, nonviolent means through which to catch the attention of society as a whole, political dissidents can opt to use it as an effective channel for bringing alternative political viewpoints into discussion. These civil rights activists were not (only) protesting against the procedure that led to the decision, they were also protesting the outcome of the procedure. “Animal Rescue as Civil Disobedience” in Res Publica 23: 281-298 -Rawls, J. Democratic Authority. Courts: Are courts sometimes inadequate for pursuing legal change? A Government shows its true colors when it is in majority.

Thus, according to Zashin's definition, the negative cannot dejustify civil disobedience on the grounds that it is violent because it is definitionally unviolent and nonrevolutionary. Debate Digest: Teacher-student friendships on Facebook, Law school, Balanced budget amendment, US debt ceiling deal. No votes have been placed for this debate. In order to clarify the round I offer the following definitions Civil disobedience Merriam-Webster dictionary: refusal to obey governmental demands or commands especially as a nonviolent and usually collective means of forcing concessions from the government Democracy Merriam-Webster dictionary: … When we look at the creator of civil disobedience, being Henry David Thoreau, we can look at the actions of the said man. 1971. Also, Martin Luther King Jr. adopted the idea and never used violence. "Law never made a man a whit more just."

: African Americans and Civil Disobedience in the Quest for the Dream, Civil Disobedience (The Manifesto Series), Read Tine’s thesis, On Civil Disobedience and Liberal Democracies, here, -Brownlee, K. 2012. Third and finally, civil disobedience enhances democracy by promoting democratic discourse. ”Defining Civil Disobedience” in Hugo Adam Bedau’s (ed.’s) Civil Disobedience in Focus. Same with Rosa Parks, and the list goes on.

Notice: Is civil disobedience acceptable without providing public notice? In my Ph.D. dissertation ‘On Civil Disobedience and Liberal Democracy’ (2019), I develop a framework for civil disobedience that deviates from democratic and liberal approaches in that it avoids restricting the class of causes it is justified to protest: it is not only when either liberty rights violations or democratic deficits occur that civil disobedience may be justified. No comments have been posted on this debate. Violence: Is violence ever justified in civil disobedience? I affirm Resolved: Civil disobedience in a democratic society is morally justified. 1996), Smith (Smith, W. 2011), for example, argues that civil disobedience is justified as a method of remedying democratic failures described as ‘deliberative inertia’.Deliberative inertia occurs when certain discourses, i.e. Between Facts and Norms: Contributions to a discourse Theory of Law and Democracy. If you want to receive email updates for this debate, click the, You are not eligible to vote on this debate, Civil disobedience in a democracy is morally justified. Cambridge, MA: Harvard University Press-Estlund, D. 2008. Effectiveness: Has civil disobedience proved successful in history? Examples of disobedience aimed at overcoming deliberative inertia include the protests against the austerity discourse of international institutions such as IMF and the World Bank. Are Direct Action and Deliberative Politics Compatible?” in New Political Science 29: 167-186. Between Facts and Norms: Contributions to a discourse Theory of Law and Democracy. The voting period for this debate has ended.

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