A just law is a man-made code that squares with the moral law or the law of God. This point concerning the regulation of civil disobedience by the dictates of prudence yields a vitally important corollary: Acts of civil disobedience are not necessarily revolutionary actions and do not necessarily rest on premises that justify revolutionary action. It is meaningful, if unsurprising, that the SCLC required of protesters a commitment suffused with the moral spirit of Christianity. Something similar was true with respect to the indignations and provocations to which protestors would be subjected, which could be expected often to surpass the limits of the average persons patience. King concluded: If one can find a core of nonviolence toward persons, even during the riots when emotions were exploding, it means that nonviolence should not be written off for the future as a force in Negro life.. In a democracy, minority groups have basic rights and alternatives to civil disobedience. A consideration of Americas first principles, as explicated in the political thought informing the American Founding, corroborates Kings view. Not only does civil disobedience imply contempt for the law, but it threatens those involved and those surrounding the act of protest. When the civil disobedient says that he is above the law, he is saying that democracy is beneath him. We started havingworkshops on nonviolence, and we repeatedly asked ourselves the questions: Are you able to accept blows without retaliating? Are you able to endure the ordeal of jail?[REF]. This right, like every other, however, comes with correlative responsibilities, among which the most fundamental are responsibilities to law and republican government. Thus originated the famous Letter from Birmingham Jail., The objection was familiar to King. A .gov website belongs to an official government organization in the United States. Aquinas writes that these laws are There have been more unsolved bombings of Negro homes and churches in Birmingham, King reported, than in any other city in the nation. In response, Negro leaders sought to negotiate with the city fathers. That same day, the local newspaper published a public letter addressed to King and his fellow protesters, written by a group of eight Birmingham clergy (seven Christian pastors and one rabbi). Official websites use .gov Anger at the brutality inflicted upon King and the southern protesters was, however, widespread among northern blacks. The insistence on accepting the prescribed penalty for disobedience was integral to Kings larger design of presenting to the broad American public the sharpest possible contrast between the characteristically lawful practitioners of disobedience and the lawless defenders of the local statutes and ordinances. Beginning in the mid-20th century, however, a significant modification of the idea has gained legitimacy and prestige in this country and around the world, as many Americans and others have become persuaded that organized disobedience can be not only rightful and, in a higher sense, lawful, but also, Broadly defined, civil disobedience denotes a public, non-violent and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies., In his major statement on civil disobedience, the Letter from Birmingham Jail, King wrote that the practitioner of civil disobedience does not disregard or undervalue the rule of law but, to the contrary, express[es] the highest respect for law., Americans simultaneous devotion to law and insistence on a right to disobey unjust laws signifies a fruitful tension in American principles, inherent in our foundational idea of the rule of law. Remember always that the nonviolent movement in Birmingham seeks justice and reconciliationnot victory. Civil disobediencenecessarily involves violation of the law, and the law can make noprovision for its violation except to hold the offender liable forpunishment. Follow the directions of the movement and of the captain on a demonstration. is defined by the Merriam Webster Dictionary as "Refusal to obey governmental demands or commands, especially as a nonviolent and usually collective mean. Monumental Disappointments in Our Public Spaces. People. In a general sense, Kings conformity with this precept in the first phase of his activism appears, despite his sometimes eager usage of the language of revolution, in his scrupulous expressions of respect for the principles and institutions established by the American Founders. Violent in itself, that injustice was in Kings view also violent in its emerging effectsabove all in the rioting that began in Watts just days after the Voting Rights Act became law and spread, in the two years thereafter, to hundreds of cities across the U.S. As was the case in Watts, the riots were often precipitated by disputes involving policebut evidence suggests that neither charges of police brutality nor discontentment at socioeconomic deprivation was the predominant cause. Plato's topic on circumstances in morally permissible disobedience, I shall arguing, anticipates that approach. When the civil disobedient dis- obeys one law, he invariably subverts all law. Although his zeal for prompt reform moved him at times to transgress his own prudential regulations, in his earlier phase King showed himself to be a more sober and careful exponent of civil disobedience than the despairing, radicalized King of the second phase, advocate of the disruptive, disorderly mode of disobedience lately prevalent. To its proponents, the idea of civil disobedience represents a compelling linkage of morality and efficacy, a happy marriage of moral ends to moral means in the pursuit of social or political reform. Bull Connor, the chief lawman, colluded with the Klan so they could carry out bloody mayhem on Freedom Riders. Given the context, it would seem a gross distortion of perspective to see in Kings and his fellow protesters actions a danger to law and order comparable to that posed by pro-segregation extremists.[REF]. Justified or not, civil disobedience is liable to legal punishment. Famous examples include Gandhi's Salt March in 1930, Rosa Parks's refusal in 1955 to give up her bus . Kings distinction between disobedience that is evasive or defiant and disobedience marked by acceptance of the authority of law is vividly meaningful in context. Second, I attempt to identify a reliable . There is, consequently, no moral obligation to obey them. That is not to say that he fully met that responsibility, either in the Letter (which he continued to compose and revise after his release[REF]) or elsewhere in his published work. We should explore legal channels first. Drawing upon the higher-law tradition of American and western political thought, King argued that to qualify as law in the proper sense, a given statute or ordinance must conform with the principles of justice. Kings distinction between disobedience that is evasive or defiant and disobedience marked by acceptance of the authority of law is vividly meaningful in context. To such questions King offered no compelling answers. He offered a second illustration in the form of a direct suggestion. Further, it should be clear that the imperative subjection to the rule of law applies no less to the people themselves, as represented by a ruling majority, than to government. When these attempts are turned back, civil disobedience then becomes a viable option. This idea of rightful disobedience has inspired protests in various degrees and kinds in America ever since the Boston Tea Party, and it continues to inspire such actions even to the present day. They have the right, by his logic, to violate the rights of innocent parties (travelers, office workers, or public officials, along with their clients, patrons, and constituents). . . By attaching to the practice of civil disobedience the regulatory conditions that he described in the Letter, King helped contain disorders that might otherwise have so expanded as to scuttle the possibility of meaningful reform. Civil disobedience is a symbolic or ritualistic violation of the law rather than a rejection of the system as a whole. However, characteristics like conscientiousness are not necessary to the definition, and those like nonviolence are inappropriate. ABSTRACT. Such behavior would only hurt the system. Civil disobedience can thus be justified at least where the moral duty to obey is nonbinding. Recall, too, however, that civil disobedience as King conceived it was to be practiced only so far as necessary. Kings apologetic discussion of the rioting raises troubling questions. While it is plausible to think that unlawful acts of civil disobedience should not, as a moral matter, be punished because of their potential contributions to political debate, it does not follow that those acts are . Kings later conception departs, too, from his earlier insistence that civil disobedience must be practiced in a spirit of respect for law, respect for democratic governance, and redemptive good will, manifesting a desire for reconciliation with ones erstwhile adversaries. Disinherited people all over the world are bleeding to death from deep social and economic wounds. To dislocate the functioning of a city without destroying it can be more effective than a riot because it can be longer-lasting, costly to the larger society, but not wantonly destructive.[REF]. Alternatively, civil disobedience may be justified under a despotic regime, but not in a democracy where there are legal instruments avail-able for the redress of grievances. Further, because the rule of law is not only indispensable to free and just government but also inherently fragile, the practice of disobedient protest can only qualify as properly civil if it is circumscribed with the greatest care. [REF] For the same reason, they are to embody the greatest respect for man-made positive laws that circumstances permit. Civil disobedience cannot be an armed struggle. [REF], It is meaningful, if unsurprising, that the SCLC required of protesters a commitment suffused with the moral spirit of Christianity. In the Letter, King indicated that the sources of his thinking about the moral law were eclectic. King called this modified conception a more mature form of civil disobedience. The orthodox definition of civil disobedience notes that civil disobedience is both illegal and civil, takes place in public, involves an act of protest, is nonviolent, is conscientiously-motivated, and involves both acceptance of the legitimacy of the system and submission to arrest and punishment. Gandhi, a "central figure in the relationship of Congress and the Raj" was able to awaken Indians into political movements. The discussion begins with a consideration of Americas founding principles, focusing in particular on the natural-rights principles summarized in the Declaration of Independence, and then moves to an extended analysis of the arguments of Martin Luther King, Jr. Protests against domestic injustices are to be conceived with a view toward preserving or restoring conditions of basic concord. To such questions King offered no compelling answers. Absolute arbitrary power, Locke maintained, is equivalent to governing without settled standing laws, and to be subject to it is to be exposed to the worst evils of a state of war with another. Civil disobedience is an effective tool which can help resolve unjust situations and display public rejection to participate in immoral activities. To dislocate the functioning of a city without destroying it can be more effective than a riot because it can be longer-lasting, costly to the larger society, but not wantonly destructive. 91 reference notes. In those facts, he discerned an unmistakable pattern, in which a handful of Negroes used gunfire substantially to intimidate, not to kill; and all of the other participants had a different targetproperty. On closer examination, then, the riots were actually characterized by a restraint that gave cause for hopefulness. Kings Classic Exposition of Civil Disobedience: The Letter from Birmingham Jail, On Friday, April 10, 1963Good FridayKing marched purposefully to a Birmingham jail cell, where he was confined for leading a protest march in violation of a local ordinance. The judgment as to when circumstances warrant, along with the practice of civil disobedience itself, must be governed by the most careful prudential regulation. The practice of civil disobedience must preserve or enhance respect for law and therewith for constitutional republicanism. [REF], The dangers were sufficiently great that the average person, naturally concerned for the preservation of life and limb, could not be presumed willing or able to brave them. Civil disobedience presents the ultimate respect for the existing order. In the Letter, King contended that as applied to his direct-action campaign, the ordinance that the injunction was issued to enforce was a violation of the U.S. Constitution, in particular of the First Amendments guarantee of rights of peaceful assembly and protest. In this respect, his dissatisfaction with the half a loaf gained in previous decades applied also to his movements accomplishments, which marked, in his view, not the end of its work but only the end of the beginning, as President Lyndon Johnson said in anticipation of the Voting Rights Act.[REF]. Civil disobedience has been widely used to challenge injustice in the United States, most visibly in the second half of the 20th century, with the Vietnam War and the Civil Rights movement. The practice of civil disobedience must preserve or enhance respect for law and therewith for constitutional republicanism. Even where it proves necessary to disobey an unjust law, to disobey the law in its entirety may be unnecessary to the purpose of reformand indeed may conflict with that purpose. Here is the key point: Kings actions in Birmingham and elsewhere were born of a deep impatience, informed, as he wrote in the Letter, by a centuries-long history of injustice, including promises made and unfulfilled, that had taught him to equate slow or partial progress with no progress: Half a loaf is no bread., Recall, too, however, that civil disobedience as King conceived it was to be practiced only. What defensible basis is there for his finding of a core of nonviolence in acts of intimidation against persons and of violence against property? The conventional definition of civil disobedience leaves open some basic and challenging questions concerning its justifying causes and its permissible scope and objectives. Protests against domestic injustices are to be conceived with a view toward preserving or restoring conditions of basic concord. Among the most striking features of the city riots, he argued, was that the violence, to a startling degree, was focused against property rather than against people. The overwhelming majority of people killed during the riots, he went on, were protesters killed by law enforcement officers. Many types of objections to civil disobedience have been raised, often based on the view that citizens in a democracy are obliged to obey the law. It involves people coming together to stand against its government or any oppressor, to protest vocally and using all mediums available but without any physical force or violence. government perpetrates or abets clear violations of natural rights, involving clear abuses and/or usurpations; the violations at issue are not isolated or exceptional but occur in a long train indicative of a design to subject their victims to absolute Despotism; the violations, persisting despite repeated petitions by the injured parties, are reasonably judged to be irremediable by any lawful measures; the violations are reasonably judged to be irremediable by any extra-lawful but non- revolutionary measures; the violations are reasonably judged to be remediable by revolutionary action. Moreover, the most prominent eruptions in the past decade of what supporters persist in calling civil disobedience, including the Occupy Wall Street movement, the Black Lives Matter movement, and the anti-Trump Resistance,[REF] have in fact featured a volatile mixture of acts of nonviolent and violent disobedience. 32 Civil disobedience is justified because it promotes human dignity, promotes the idea that the government is limited in 33 Civil disobedience proclaims that humans have dignity. The practice of civil disobedience required a special kind of personmeaning, in most cases, a specially. 9. Resolved: Civil Disobedience in a democracy is morally justified. Martin Luther King, Jr.s Discovery of Civil Disobedience, From his adolescence to the end of his life, Martin Luther King, Jr., found inspiration in the promise inherent in the Declaration of Independence, although he was acutely aware that for black Americans, that promise had gone unfulfilled. Mindful of the dangers in an excessively permissive justification, he rejected the sort of disobedience that would lead to anarchy and explained his own practice in terms that indicate an earnest intention to negate or minimize any anarchic effects.[REF]. First was the famous essay by Thoreau, who therein declared: I know this well, that if one thousand, if one hundred, if ten men whom I could nameif ten honest men only, ay, if one HONEST man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this copartnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. It may involve violence, but most forms of civil disobedience involve non-violent protests and actions. Consequently, its practice must be confined to rare and exceptional circumstances. Civil disobedience under these circumstances is at best deplorable and at worst destructive. In the "Resistance to civil government" essay, which was posthumously published as "Civil disobedience," Thoreau explains the need to choose one's moral sense over the conventional dictates of laws. Defending human rights in peaceful ways outside "the law" is ultimately a form of defense of and respect for the law. Describing his plan to recruit three thousand of the poorest citizens from various urban and rural areas to participate in a Poor Peoples March on Washington, he indicated that this nonviolent army, this freedom church of the poor, will work with us for three months to develop nonviolent action skills.[REF], Even so, Kings remarks relative to the character and motivations of this newly recruited army suggest that here, too, he departed significantly from his earlier account. AFF (Civil Disobedience is morally justified in a democracy) Value: Criteria: AFF CONSTRUCTION: Civil disobedience in a democracy is morally justified because _____ a. Contention 1: Necessity i. [We] will move on Washington, he resolved, determined to stay there until the legislative and executive branches of the government take serious and adequate action . As the Declaration makes clear, however, the right to disobey the laws or decrees of unjust government, whether by civil or uncivil means, must be exercised with great caution. To say that less radical measures are to be preferred to more radical measures is to say that actions outside established legal and political channels are to be taken only, From his adolescence to the end of his life, Martin Luther King, Jr., found inspiration in the promise inherent in the Declaration of Independence, although he was acutely aware that for black Americans, that promise had gone unfulfilled. It must convey a respect for law as a necessary bond of moral communityincluding, so far as possible, the laws governing the particular community one means to reform. In his very first public speech (as a prizewinner in his high schools oratory contest), King protested that decades after Emancipation, Black America still lives in chains. For the remainder of his secondary and advanced education, he searched for the proper means, as he put it in that initial speech, to cast down the last barrier to perfect freedom.[REF]. Civil disobedience is justified when laws made by humans are unjust. Kings apologetic discussion of the rioting raises troubling questions. That same day, the local newspaper published a public letter addressed to King and his fellow protesters, written by a group of eight Birmingham clergy (seven Christian pastors and one rabbi). Thus originated the famous Letter from Birmingham Jail.[REF], The Objections to Civil Disobedience. Civil disobedience is a form of civil war An act of civil disobedience sets a precedence of breaking the law. Readers receive only very limited guidance as to how they are to judge, amid a wide range of plausible interpretive possibilities, what sorts of laws work to uplift or to degrade human personality. In the Declaration, as previously noted, prudence dictates that action to alter or abolish an unjust order may be taken only by necessityonly after patient sufferance of a long train of abuses, wherein repeated Petitions offered in the most humble terms have been answered only by repeated injury., In the Letter, King contended that the history of race in America met and exceeded those criteria. Prudence, in other words, dictates a narrow-tailoring rule, according to which less radical alternative measures are to be preferred, explored, and exhausted prior to the adoption of more radical measures. " Democracy. Granted, the commitment pledge did not quite signify a religious test for participation; it required meditation on Jesuss teaching, not worship of Jesus, and it required prayer to a God of love, not necessarily to the God Christians recognize. Our impatience, he said, was legitimate and unavoidable. The implication is that civil disobedience was undertaken as a last, nonviolent resort and was justified as such. What defensible basis is there for his finding of a core of nonviolence in acts of intimidation against persons and of violence against property? Executive Order 8802, issued in 1941 by President Franklin D. Roosevelt under pressure from A. Philip Randolph, mandating antidiscrimination provisions in government defense contracts; Executive Order 9981, issued in 1948 by President Harry S. Truman, mandating the desegregation of the U.S. armed services; the U.S. Congresss enactment of the Civil Rights Acts of 1957 and 1960; and, above all, the U.S. Supreme Courts landmark, In Birmingham, the very citadel of southern segregation, the movement would either revitalize itself, King believed, or it would fail and all previous gains would come to naught. Despite its shortcomings, the initial model, epitomized in Kings Letter from Birmingham Jail, was marked by a high degree of moral discipline, by professions of conscientious respect for law and for Americas founding principles, and, not by mere coincidence, a remarkable degree of success in achieving its practical objectives. Civil disobedience is justified for many reasons such as moral responsibility, legal attempts to change these unjust laws have failed, and it can be used to publicize an issue. At least momentarily, he lost faith in the democratic processes the Voting Rights Act had newly reformed. They included the Protestant theology of personalism that he had studied as a graduate student,[REF] the philosophy of Aquinas, and the charter of liberty that he described as a repository of Americas sacred values, the Declaration of Independence.[REF] Those sources contain overlapping (but not identical) accounts of the moral law and its basis, and King failed to explain precisely what he drew from each, how they were compatible with one another, or their order of priority in his argument.

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