Civil Disobedience

19 November 2010

Civil disobedience is a great tradition. Particularly in America, where we have Thoreau, who refused to pay a poll tax, because the money supported the Mexican War and the Fugitive Slave Law. Then, there’s Rosa Parks and Martin Luther King. And the Viet-Nam War protester. But then, as philosophers, we must ask, what exactly is civil disobedience? Suppose Henry Thoreau and Henry Schmo both refuse to pay their poll tax. Thoreau does it for the noble reasons you mentioned, but Henry Schmo does it because he’d rather spend the money at the pub. They're both disobeying a civil law; they're both, in a literal sense, civilly disobedient. What’s the difference? Just that Henry has good intentions?

Thoreau was trying to influence policy; his non-payment a speech act. Is that the important difference? What if Thoreau’s grouchy uncommunicative cousin Larry Thoreau didn’t pay his poll tax, either. He also didn’t want to support the fugitive slave law and the Mexican war, but he didn’t tell anyone why. So it wasn’t really a speech act, no attempt at communication. The war and the slave act made him sick; he couldn’t bear to pay his taxes, so he didn’t. Still seems kind of admirable. But no speech was involved. Is that Civil Disobedience?

很明显,非暴力反抗不是一个科学上精确的概念。我不能给你一个定义。But I bet we can list some traits that aparadigmcase of civil disobedience will have. For one thing, it will be a refusal to obey or follow a law that is itself unjust, like the law against making salt that Gandhi broke, or a law that supports unjust policies, like the poll tax. That’s a start, but it doesn’t tell us the difference between famous Henry and grouchy Larry.

Gandhi and Thoreau weren’t justdisobeyingthe law, butprotesting通过公开这样做来制定法律和政策。他们的行为是言语的,也是不服从的。他们的行为是公开的,他们并没有试图逃避惩罚。同样的,还有那些在拒绝为黑人服务的商店里静坐的人。所以爱发牢骚的拉里·梭罗被淘汰了,至少作为一个典型的公民不服从者。但这并不意味着我们不能崇拜他。

继续我们的范例,通常我们会想到非暴力活动,比如静坐和游行。当然,我们的目的是要改变一些事情;废除法律或改变政策。

Putting it all together, a paradigm act of civil disobedience includes: Disobeying or refusing to follow a law or policy believed to be unjust, or supportive of injustice, publicly and non-violently, with the intent of drawing attention to the law and policy, and getting it changed.

That leads to the next question. We admire all those people we mentioned --- Thoreau, Gandhi, King, the student boycotters in the Civil rights movement, and so on. Does that mean that they wererightto break the law? How can it be right to break the law?

我们这些仰慕者认为这些法律或政策是不公正的。如果一群非暴力的人堵住了堕胎诊所的入口呢?我并不认为允许堕胎的法律是不公正的。但这些人知道。这就说明他们在道德上是正确的吗?

We admire those who protest the laws we think are unjust. But we're all part of a democracy full of people with very different values. We're supposed to settle things by voting, or having our representatives in legislatures and congress vote. But any law or policy on a controversial issue is going to go againstsomeone’sdeeply held beliefs. Does that give them the moral right to disobey it? That would create chaos.

在其他条件相同的情况下,在我们这样的社会中,似乎有其他补救措施,比如投票和诉诸法庭,这些方法应该首先尝试。但其他因素并不总是相同的。时间可能是纠正不公正的关键,但法庭需要时间和金钱。有时,非暴力反抗似乎必须是第一手段,而不是最后手段,因为这是唯一的方式,使任何人关心一个不公正的政策,及时采取任何行动。

这并不能完全解决所有问题或回答所有问题。幸运的是,肯和我将与曼彻斯特大学政治哲学教授金伯利·布朗利(Kimberley Brownlee)一起,帮助我们思考问题。希望你能加入我们!

Comments(7)


Guest's picture

Guest

Saturday, November 20, 2010 -- 4:00 PM

I wanted to help stop the BLM's round-up of our fr

I wanted to help stop the BLM's round-up of our freedoms, our wild mustangs on our free land in Nevada last week. I had a dream that I could go out there and help the lives of fellow Americans remain free for another day. But the dream became a nightmare of reality as I was surrounded by people with guns and then decided to only watch them trap and segregate and haul the innocent frightened mustangs away. I also found that terrible day, the act of civil disobedience took more courage than me.
=
MJA

Harold G. Neuman's picture

Harold G. Neuman

Saturday, November 20, 2010 -- 4:00 PM

I suppose if we took certain things literally, i.e

I suppose if we took certain things literally, i.e., democracy; representative government; rule of law/equal justice under law, etc., there would be no such category as civil disobedience. No shades of gray (or is that grey?---I can never remember)only law-abiders and law-breakers. But governance, no matter how altruistic it pretends to be, is imperfect and fraught with injustice. And there will be grumpers, as you have illustrated, who will happily grump because they are free to do so. Some will happily grump and spend years in prison for their dissent. It is the principle of the thing.
从另一种意义上说,异议/公民不服从给那些需要15分钟或更多时间来让自己感觉更好的行善者提供了一个临时演讲台——我们称之为改变。
因此,非暴力反抗填补了一个小众,并使我们的叛逆本性变得甜美;让默默无闻的人出名,让声名狼藉的人被接受。有时候,它甚至会改变一些需要改变的东西。

Guest's picture

Guest

Saturday, November 20, 2010 -- 4:00 PM

How's this for a general definition? Civil Disobed

How's this for a general definition?
Civil Disobedience- a conspicuous act that is contrariwise to the legislative manifestation of the cultural dogma of a time and place.
Genruk

Guest's picture

Guest

Sunday, November 21, 2010 -- 4:00 PM

I was moved by MJA's comment regarding the mustang

I was moved by MJA's comment regarding the mustang roundup and his witnessing a nightmare of reality in the execution of that event. Referring to a comment on your other recent post, levels of reality, this appears to have been both a factual and a conditional reality. Conditional because of the BLM's charge to get a job done. Factual, because there appears to be no legally viable way to challenge BLM's authority to do so. The sporadic attempts we have heard of have attracted inadequate support---or so it would seem. Well, this post has been about civil disobediance.
我同意我们需要它,而且它有时会产生影响。开国元勋们一定也有同样的感受。但在一个越来越保守的文化中,这变得很难推销,个人和团体都不想表现出无政府主义。对许多人来说,自由主义的标签象征着无政府状态。一位博学的朋友曾告诉我,我们都有自己的榜样。他还说,诀窍在于能够看到它们周围的东西。我认为他一定是对的——对,即正确。否则,玫瑰色的眼镜就会变成狭隘的视野。

Guest's picture

Guest

Monday, November 22, 2010 -- 4:00 PM

So. Go bargaining with the devil now, amigos. See

So. Go bargaining with the devil now, amigos. See where it gets you. Have we covered this? No? Let the moderators decide. It has been stimulating.

Guest's picture

Guest

Monday, November 29, 2010 -- 4:00 PM

civil disobedience is the quasi-political tool of

公民抗命是被剥夺权利的社会成员的准政治工具。由于不能投票,又不愿屈服,他触犯了法律。他应该被视为违法分子,逃税者和圣人应该共处一室。
friends of the saint should publicize his case and invite others to join him.
in a democracy, citizens could interpose a valuable step between submission and jail: a citizen initiative.
americans don't have this, because they don't have democracy. neither are they 'citizens,' merely civilians.

Guest's picture

Guest

Monday, November 29, 2010 -- 4:00 PM

On Mr. Loomis' comment: Now that's what I call dis

On Mr. Loomis' comment: Now that's what I call dissent. That's what I'm talkin' about. I have to wonder if he is right about his assertion regarding democracy. The indicators are growing, it would seem.