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Limits to the Moral Claim in Civil Disobedience (From Civil Disobedience, P 201-211, 1989, Paul Harris, ed. -- See NCJ-121683)

NCJ Number
121692
Author(s)
H Prosch
Date Published
1989
Length
11 pages
Annotation
The nonviolent civil disobedience that has arisen against laws that are not discriminatory, but that may be used to buttress discriminatory laws and practices is often justified on moral grounds. The moral argument has certain limitations.
Abstract
The way in which this civil disobedience is used borders on the use of force in that it forces a response from its opponents. By placing their bodies in places the law forbids them to be placed, people who practice this form of civil disobedience force a response such as an arrest. Thus, in terms of its practical impact, this tactic is basically a military one rather than a morally persuasive one or even a political one. It also raises the issue of the moral appropriateness of using force to try to nullify or change unjust laws and of how to determine whether a law is unjust. However, the only ethical course is to govern relationships by notions of mutual rights, not by force. No middle position exists between these extremes, and we should recognize that fighting is a last resort when everything else has failed. 5 reference notes.

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