Civil Disobedience and the Rule of Law

1972 ◽  
pp. 448-455
Keyword(s):  
Rule Of Law ◽  
Civil Disobedience ◽  
The Rule Of Law

13. John Locke

2017 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Political Philosophy ◽  
Rule Of Law ◽  
Natural Law ◽  
John Locke ◽  
Private Property ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
Limited Government ◽  
Short Biography ◽  
Political Thinker

This chapter examines and defends the relevance of John Locke's writings as political philosophy. Locke's political philosophy continues to have an enormous impact on the framing and the pursuit of liberal ideas in modern political thought — ideas about social contract, government by consent, natural law, equality, individual rights, civil disobedience, and private property. The discussion and application of Locke's arguments is thus an indispensable feature of political philosophy as it is practised today. After providing a short biography of Locke, the chapter considers his views on equality and natural law, property, economy, and disagreement, as well as limited government, toleration, and the rule of law. It concludes with an assessment of Locke's legacy as a political thinker.

Civil Disobedience and Free Speech in the Academy

2018 ◽  
Author(s):  
Martha C. Nussbaum
Keyword(s):  
Rule Of Law ◽  
Free Speech ◽  
John Rawls ◽  
Martin Luther ◽  
Civil Disobedience ◽  
Freedom Of Speech ◽  
Willingness To Accept ◽  
The Rule Of Law ◽  
Legal Punishment ◽  
Martin Luther King

The distinction between protected freedom of speech and civil disobedience on campus is often misunderstood. Drawing on the work of John Rawls and Martin Luther King, Jr., this chapter gives an account of civil disobedience that focuses on the protester’s willingness to accept a legal punishment, thereby showing respect for the rule of law. It is wrong for this conduct to be confused with protected speech, which, by definition, should not be penalized. A close discussion is provided of a variety of examples.

Civil Disobedience and Conscientious Objection

2017 ◽  
Author(s):  
William Smith ◽  
Kimberley Brownlee
Keyword(s):  
Deliberative Democracy ◽  
Rule Of Law ◽  
Civil Disobedience ◽  
Conscientious Objection ◽  
Social Practices ◽  
Moral Rights ◽  
The Rule Of Law ◽  
The Law

Civil disobedience and conscientious objection are distinct but related social practices that display people’s opposition to specific laws, policies, directives, or schemes. In general, these two practices arise from people’s deeply held commitments. Civil disobedience is more overtly communicative and political than conscientious objection. Civil disobedience is also, almost by definition, a breach of law, which people engage in to push for changes in either governmental or nongovernmental practices. Conscientious objection, by contrast, does not always break the law: sometimes it is a legally protected form of nonconformity. It is also less overtly political than civil disobedience, stemming as it does from people’s desire not to participate in practices they oppose, rather than from their ambition to change those practices. Both practices can be morally justified under specific conditions that, among other things, include doing only limited harm to other people. Moreover, under even more specific conditions, both practices could be said to be protected by moral rights. Civil disobedience and conscientious objection generate pressing normative and political challenges concerning the nature of the rule of law, respect for the rule of law, conditions for deliberative democracy, equality before the law, policing, adjudication, and punishment.

scholarly journals Bordering on Legality: Canadian Church Sanctuary and the Rule of Law

Refuge ◽  
1969 ◽  
Vol 26 (1) ◽  
pp. 43-56 ◽  
Author(s):  
Sean Rehaag
Keyword(s):  
Rule Of Law ◽  
Civil Disobedience ◽  
The State ◽  
The Rule Of Law ◽  
Faith Based ◽  
Refugee Law ◽  
Refugee Claimants ◽  
International Refugee Law ◽  
The Many

 This paper examines church sanctuary incidents in Canada involving unsuccessful refugee claimants seeking to avoid deportation.The author contends that when faith-based communities develop formal screening mechanisms to determine who among the many that request it is accorded sanctuary, they apply similar norms and procedures as those found in Canada’s official refugee determination process.The author argues that although sanctuary practi­ces are often criticized as a form of civil disobedience that poses a threat to the rule of law, it is also possible to under­stand sanctuary practices as a means through which faith-based communities prevent the state from violating both Canadian and international refugee law, thereby uphold­ing rule-of-law norms.

Disclosure of Journalists' Sources, Civil Disobedience and the Rule of Law

1991 ◽  
Vol 50 (1) ◽  
pp. 131-162
Author(s):  
T.R.S. Allan
Keyword(s):  
Rule Of Law ◽  
Civil Disobedience ◽  
The Rule Of Law ◽  
The Future ◽  
Source Of Information

In what circumstances, and under what conditions, should a journalist be obliged by law to divulge the identity of the source of information contained in a published article—when anonymity may have been promised the source, or receipt of information in the future may be thought to depend on the preservation of anonymity now? Section 10 of the Contempt of Court Act 1981 provides a framework for determining an answer to that controversial question, as it arises in particular cases before the courts:

scholarly journals Defying the Law of the Land: The Lawyer's Role in Civil Disobedience in Canada

2017 ◽  
Vol 4 (1) ◽  
Author(s):  
Ellen Bolger
Keyword(s):  
Civil Rights ◽  
Civil Rights Movement ◽  
Rule Of Law ◽  
Legal History ◽  
Civil Disobedience ◽  
Test Case ◽  
The Rule Of Law ◽  
The Public ◽  
Complex Dimension ◽  
History Of

A lawyer’s role in relation to the issue of civil disobedience is far from settled. Lawyers advocate for values such as “truth” and “justice;” however, they are also instructed to respect the rule of law and the legislature’s role in creating laws and policy. Due to the tension between values and law, lawyers must choose which clients to represent as well as determine what constitutes effective counsel. The Charter of Rights and Freedoms adds another complex dimension to this dilemma because of the fine line between “civil disobedience” and the assertion of Charter rights through test case litigation. It is easy to look back at historical moments, such as the civil rights movement, and recognize when civil disobedience is justified. However, we do not always have the luxury of hindsight, and we must not deny that there are legitimate reasons to practice civil disobedience today. The legal history of Dr. Henry Morgentaler is an example of the juxtaposition between advocacy and policy. Throughout his legal battles, Dr. Morgentaler was labelled a criminal who performed civil disobedience, but who is now highly regarded as someone who fought for Charter rights. Therefore, with competing obligations to one’s client, fellow lawyers, and the public in general, lawyers must chart their own ethical course in these matters.

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