The purpose of this essay is to critically discuss the concept of civil disobedience with the usage of several examples such as civil rights movement, and Pussy Riot act to support and substantiate the discussion.
First, the concept will be defined, highlighting the contested nature and perception of it in the academia, as well as functions and critique of it. Second, the debates around the concept will be discussed. Afterwards, the questions of a moral right to civilly disobey the law will be discussed on the basis of the example of the Civil Rights movement and Montgomery bus boycott. On top of that, strengths and weaknesses of the concept will also be critically examined throughout the essay. Finally, a conclusion will be given.
The political rationale of the civil disobedience in the framework of the theory of the constitutional democracy was offered by Rawls, who framed the concept as a form of non violent public democratic opposition that is affirmed by the principle of majority (Rawls, 1971). Importantly, the agents of civil disobedience have to appeal to the community’s shared conception of justice in their actions, and to demonstrate their overall “fidelity to law” by accepting the legal consequences of their deliberate actions (Rawls, 1971: 322). However, in the concept of civil disobedience, the law is not viewed as a punitive function, but more as a socio-integrative function that is the source of justice, system of control and stability (Demetradze, 2007:86). …show more content…
: integrity-based, when people disobey the laws that they regard as immoral; justice-based, when people protest against the law that invalidate constitution; policy-based, when people attempt to amend the politics of their state (Eidelman,
First, the concept will be defined, highlighting the contested nature and perception of it in the academia, as well as functions and critique of it. Second, the debates around the concept will be discussed. Afterwards, the questions of a moral right to civilly disobey the law will be discussed on the basis of the example of the Civil Rights movement and Montgomery bus boycott. On top of that, strengths and weaknesses of the concept will also be critically examined throughout the essay. Finally, a conclusion will be given.
The political rationale of the civil disobedience in the framework of the theory of the constitutional democracy was offered by Rawls, who framed the concept as a form of non violent public democratic opposition that is affirmed by the principle of majority (Rawls, 1971). Importantly, the agents of civil disobedience have to appeal to the community’s shared conception of justice in their actions, and to demonstrate their overall “fidelity to law” by accepting the legal consequences of their deliberate actions (Rawls, 1971: 322). However, in the concept of civil disobedience, the law is not viewed as a punitive function, but more as a socio-integrative function that is the source of justice, system of control and stability (Demetradze, 2007:86). …show more content…
: integrity-based, when people disobey the laws that they regard as immoral; justice-based, when people protest against the law that invalidate constitution; policy-based, when people attempt to amend the politics of their state (Eidelman,