By Kimberley Brownlee
Arguing for the ethical and criminal defensibility of conscientious disobedience, and especially civil disobedience, this ebook first examines the morality of judgment of right and wrong and conscientiousness after which the legality of conscientious breach of legislations.
Part I specializes in the morality of sense of right and wrong and conscientiousness. those are relatively ignored thoughts in modern ethical and criminal thought, notwithstanding they're valuable to useful debates in regards to the ethics of warfare, healthcare, and political participation, between others. The e-book disambiguates the descriptive suggestion of conscientiousness as honest conviction from the evaluative inspiration of conscience as actual ethical responsiveness. this offers upward push to a communicative precept of conscientiousness (CPC), in accordance with which honest ethical conviction calls for not just that we act continuously with our ideals and make common ethical decisions, but additionally that we now not search to circumvent the results of doing so and be keen to speak our convictions to others.
The CPC informs the resultant dialogue of folks' rights and tasks inside a liberal democracy. by contrast with general liberal theorizing, the e-book indicates that individuals who have interaction within the communicative perform of definitely restricted civil disobedience have a greater declare to an ethical correct to conscientious motion than do those that interact in non-communicative, inner most, or evasive 'conscientious' objection.
Part II argues that civil disobedience is mostly extra defensible than own disobedience. The e-book explores putative felony defences - a demands-of-conviction defence and a need defence - and argues that every applies extra without difficulty to civil disobedience than to non-public disobedience. The publication responds to issues approximately strategic-action, democracy, festival of values, and proportionality, all of which forget the communicative nature of honest conviction and underestimate the ability of democratic legislation to know the legitimacy and value of values except literal compliance with the legislations.
The e-book concludes by means of highlighting a parallel among the communicative goals of civil disobedience and the communicative goals of lawful punishment. simply the previous may perhaps declare to have discussion objectives, which increases problems for the justifiability of punishing civil disobedience.
Oxford felony Philosophy publishes the easiest new paintings in philosophically-oriented felony thought. It commissions and solicits monographs in all branches of the topic, together with works on philosophical concerns in all components of private and non-private legislation, and within the nationwide, transnational, and overseas geographical regions; reports of the character of legislation, felony associations, and felony reasoning; remedies of difficulties in political morality as they endure on legislations; and explorations within the nature and improvement of felony philosophy itself. The sequence represents various traditions of proposal yet continually with an emphasis on rigour and originality. It units the traditional in modern jurisprudence.
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Extra resources for Conscience and Conviction: The Case for Civil Disobedience
Legal excuse: Any legal excuse grounded in conscientious conviction applies more readily tocommunicative disobedience than to personal disobedience in light of the communicative principle of conscientiousness. By recognizing such a demands-of-conviction defence, society would honour the links between autonomy, psychological integrity, and conscientiousness. It would do this by not requiring us either always to give priority to the law over our deep commitments or always to remain surreptitious and self-censoring in our efforts to dissociate from laws we oppose (Chapter 5).
This Introduction is divided into three sections. The first fleshes out the conceptual distinction between conscientious conviction and conscience. The second outlines my argument for civil disobedience based upon conscientious conviction. 3)disobedience based upon conscience. In both this Introduction and the book, I proceed at a certain level of abstraction partly because I cannot hope to settle longstanding debates about the morality of concrete cases where conscience and conscientiousness come into play such as reproductive services for women, parental responsibility, and war.
Nevertheless, the right to inner control and free thought is a fundamentally important one for personal agency, dignity, and morality. 8) the name without free expression, in fact the right to free thought is valuable independently of any right to free expression. The right to free expression, however, is not valuable independently of the right to free thought (Chapter 4). The moral right to conscientious action including civil disobedience protects a sphere of conduct with which, in general, others may not justifiably interfere.
Conscience and Conviction: The Case for Civil Disobedience by Kimberley Brownlee