On (not) Accepting the Punishment for Civil Disobedience

Philosophical Quarterly 68 (272):503-520 (2018)
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Abstract

Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, I defend an account of political obligation framed in terms of respect for (rather than mere obedience to) the law, and argue that the mere illegality of civil disobedience does not suffice to establish wrongdoing. I then discuss and reject three objections to my argument.

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Author's Profile

Piero Moraro
Edith Cowan University

Citations of this work

Environmental Activism and the Fairness of Costs Argument for Uncivil Disobedience.Ten-Herng Lai & Chong-Ming Lim - 2023 - Journal of the American Philosophical Association 9 (3):490-509.
Must I Accept Prosecution for Civil Disobedience?Daniel Weltman - 2020 - Philosophical Quarterly 70 (279):410-418.
Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
How to Read a Riot.Ricky Mouser - 2024 - Journal of Ethics and Social Philosophy 26 (3):445-468.

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References found in this work

A Theory of Justice: Revised Edition.John Rawls - 1999 - Harvard University Press.
Freedom and Resentment.Peter Strawson - 1962 - Proceedings of the British Academy 48:187-211.
Taking rights seriously.Ronald Dworkin (ed.) - 1977 - London: Duckworth.

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