Rawls defends a thesis which at first sight can be seen as contradictory. According to him, indeed, civil disobedience expresses fidelity to law. In other words, breaking the law could be the expression of our fidelity to it. However, in acting in unconformity to law, it seems obvious that we do not show our fidelity to it but our infidelity. How could civil disobedience, which appears as the contrary of fidelity to law, expresses this latter ? In order to fully understand what Rawls means, let us first define what is civil disobedience. Civil disobedience is according to him ?a public, non-violent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the ...
[...] Question : How does civil disobedience show fidelity to law ? Rawls defends a thesis which at first sight can be seen as contradictory. According to him, indeed, civil disobedience expresses fidelity to law. In other words, breaking the law could be the expression of our fidelity to it. However, in acting in unconformity to law, it seems obvious that we do not show our fidelity to it but our infidelity. How could civil disobedience, which appears as the contrary of fidelity to law, expresses this latter ? [...]
[...] Civil disobedience acts avoid to use violence as means of expressing because they aim at communicating a claim . If one uses violence, one will arouse public hostility that which will lead against his goal. Further, civil disobedience is a public act. Not merely the act is addressed to public, to all the members of the society, it is even done in public. People who disobey civil law convey a political, economical or social message to the society they live in. Accordingly, they are completely aware of the risk they run while breaking the law. [...]
[...] Civil disobedience implies thereby acting ways that while admittedly contrary to law nevertheless express a fidelity ta law and appeal to the fundamental political principles of a democratic regime”. John Rawls, Civil disobedience in Philosophy of law, p.105 Rawls notes that violation of the principle of equal liberty is . the more appropriate object of civil disobedience”. What people engaged in civil disobedience aim in general is therefore at claiming that the principe of equal liberty is not respected. ibid., p ibid. [...]
Source aux normes APA
Pour votre bibliographieLecture en ligne
avec notre liseuse dédiée !Contenu vérifié
par notre comité de lecture