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Civil disobedience and globalization protest. Points covered: What is CD? Characteristics of CD Morality and the law. Introduction. How is the sort of protest described in the article by Trofimov and Cooper to be understood? Similarly with the “Occupy” movement
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Civil disobedience and globalization protest Points covered: What is CD? Characteristics of CD Morality and the law
Introduction How is the sort of protest described in the article by Trofimov and Cooper to be understood? Similarly with the “Occupy” movement Are they types of “civil disobedience”?
Civil Disobedience (CD) CD is illegal action undertaken with the aim of drawing attention to and eliminating injustice.
Examples • Henry Thoreau • Suffragettes • Gandhi • Rosa Parks • Martin Luther King Jr. (Civil Rights Movement) • Anti Vietnam War demonstrations
Characteristics of CD • CD is ‘principled’ law-breaking’. • The injustice which CD seeks to eliminate is a greater evil than the illegal acts of CD. • CD focuses on a specific issue; CD is not ‘revolutionary’.
CD differs from ‘crime’: (a) motive for CD is not personal gain; (b) law-breaking in CD is public (not secretive). • Those engaging in CD accept punishment (a consequence of the publicity of CD). • CD is non-violent.
Globalization Protest Is the sort of protest in Seattle to be classed as CD? What about the “Occupy” movement?
Morality and the Law • What is the relationship between morality and the law? • Do we have a duty to obey the law? • Do we ever have a duty to break the law?
Should we obey the law? Justifying CD: • CD is justified if the harm it causes is likely to eliminate greater harm. • CD is justified if other (legal) modes of protest have been tried (to no avail). • CD is justified only if it is non-violent.
Arguments against CD: • If we live in a democracy, are we obliged to accept the laws of government, even when we find them immoral (tacit consent). • A Kantian might reject violent CD if CD injures innocent parties who are being treated as means, not as ends in themselves.
Law and Morality CD is only justified if our duty to be moral is stronger than our duty to obey the law. In a good society, the law never permits anything which is immoral; there should be no gap between law and morality.