15.2 Civil disobedience and political obligation

Civil disobedience challenges political obligation by breaking laws to protest injustice. It raises questions about when citizens should obey or resist authority. Non-violent tactics like boycotts and sit-ins aim to create change without violence.

Political obligation is the duty to obey laws, even when we disagree. It's based on ideas like social contracts and reciprocal duties. But critics argue unjust laws may not deserve obedience, sparking debates about legitimate authority and rule of law.

Defining Civil Disobedience

Forms of Resistance

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• Civil disobedience involves intentionally breaking a law or refusing to comply with a government policy believed to be unjust, usually done openly and non-violently to bring about social or political change
• Non-violent resistance encompasses a broad range of tactics used to challenge injustice without the use of violence, including sit-ins, boycotts, strikes, and peaceful demonstrations (Montgomery Bus Boycott, Salt March)
• Conscientious objection refers to the refusal to perform military service or other actions that violate one's moral or religious principles, often based on pacifist beliefs or opposition to a particular war (Vietnam War draft resisters)

Justifications and Criticisms

• Proponents argue that civil disobedience is justified when laws or policies are deemed unjust, and that it can be an effective means of bringing about necessary change (Civil Rights Movement)
• Critics contend that civil disobedience undermines the rule of law and can lead to social instability if individuals are allowed to pick and choose which laws to follow based on personal beliefs
• The use of civil disobedience raises questions about the limits of political obligation and the circumstances under which citizens have a duty to obey or resist the law

Political Obligation and Authority

Foundations of Political Obligation

• Political obligation refers to the moral duty of citizens to obey the laws and policies of their government, even when they disagree with them
• Consent theory holds that political obligation is based on the voluntary agreement of individuals to submit to the authority of the state, often through a social contract (Locke's Second Treatise of Government)
• The social contract is the idea that individuals implicitly agree to give up some of their natural rights in exchange for the benefits and protections provided by the state
• The duty to obey the law is seen as a reciprocal obligation that arises from the benefits and protections that citizens receive from the state

Legitimate Authority and the Rule of Law

• Legitimate authority refers to the right of a government to make and enforce laws, and to expect obedience from its citizens
• The concept of legitimate authority is often tied to the idea of the rule of law, which holds that all individuals and institutions, including the government itself, are accountable to the same set of laws (U.S. Constitution)
• The rule of law is seen as a safeguard against arbitrary or tyrannical government, and as a necessary condition for the protection of individual rights and liberties
• Critics argue that the mere existence of a legal system does not necessarily confer legitimate authority, and that unjust laws or policies may undermine the moral basis for political obligation