Civil

Disobedience
(Class #12)

Next Topic: Rights

Class
#13

Date

Assignment

M 10/17 Feinberg, The Nature and Value of Rights [406416]

Hart, Are There any Natural Rights? [416-424]

#14.

W 10/19 Waldron, A Right to Do Wrong [425-437]

 Class #11 (Mon. 10/10) - Duty to Obey the Law

Smith, Is There a Prima Facie Obligation to Obey the Law? [269-285]

Class #12 (Wed., 10/12) - Civil Disobedience

Plato, Crito [251-259]
MLK, Jr., Letter from Birmingham Jail [259-268]
Pryor, Moral Duty and the Rule of Law [Canvas]

Smith, Is There a Prima Facie Obligation to Obey the Law?

in sum legal obligation does not in itself give rise to moral obligation
there is no pf moral obligation to obey the law -- an act is not morally wrong merely
because it violates some law
instead - violation of the law becomes a matter of moral concern only when it involves an
act which is believed to be wrong on grounds apart from its illegality
i.e. - an act is morally wrong due to its character or its consequences, not its legal status
so we have a specific pf duty to obey specific laws that forbid morally wrong acts but no
generic pf duty to obey the law in general

Civil Disobedience
most philosophers =
there is always a strong moral reason to obey the law
so -- CD permitted only vs. an unjust law
and - only after all legal means of redress fail
and - punishment must be willingly accepted
as a mark of respect for the law and recognition of the seriousness of
lawbreaking

Escaping the Air of Mystery

whereas - in reality there is nothing morally significant per se about CD
CD should be treated just like other species of illegal conduct
i.e. morally evaluate it like any other act: by its character & its consequences
so - if breaking the law involves an act which is mala in se or if it has untoward
consequences -- then morally condemn it & punish the wrongdoer
but - if lawbreaking does not involve an act that is mala in se and if it has no harmful
consequences then there is no reason to morally condemn it or think that its
perpetrator must accept punishment

"The Death of Socrates," David (1787)

Euthyphro
Apology
Crito
Phaedo

School of Athens," Raphael

(1510-11)
Plato & Aristotle, detail

Never Do an Injustice

the starting point of our inquiry = a person should never willingly do any injustice
so - a person should not return injusticeeven if one is unjustly treated
in sum -- neither doing nor returning injustice is ever right
and - a person should always do the things he agrees with someone else be done,
provided they are just, and not cheat

Socrates Predicament
Socrates is the innocent victim of a miscarriage of justice
but - if I leave prison without having persuaded our city that I should be set free, then
[i] I [am] ill-treating other people
vs. a person should never willingly do an injustice
and
[ii] I [am not] abiding by the things I agreed
vs. a person should always keep his promises, as long as they are just

The Patriarchal / Slavehood Model

the Laws of Athens: you owe your birth, upbringing and education to us
i.e. - you are not on equal terms with us
in fact - you belong to us as our offspring and slave
so -- you must do whatever your fatherland commands, or else persuade it as to what is
truly just

The (Implied) Social Contract Model

the Laws of Athens: you owe your birth, upbringing and education to us
i.e. - we gave you a share in all the benefits we could provide for you along with your
fellow citizens
and - we let citizens emigrate if they are not satisfied with the way we run things
but -if you remain here after you have reached adulthood and have had the opportunity
to see how we operate and what we expect from you
then - [you] have agreed with us by [your] conduct to obey whatever orders we give
[you]

Just vs. Unjust Law

there are two types of law: just and unjust

we have a legal [and] a moral responsibility to obey just laws

and conversely - we have a moral responsibility to disobey unjust laws

The Difference
a just law =
a man-made code that squares with the moral law or the law of God
an unjust law =
a code that is out of harmony with the moral law
Aquinas = an unjust law is a human law that is not rooted in eternal law and natural
law
Augustine an unjust law is no law at all

Unjust Laws

all segregation statutes are unjust

Thus it is that I can urge mento disobey segregation ordinances, for they
are morally wrong

Civil Disobedience
but in no sense do I advocate evading or defying the law
that would be anarchy
instead one who breaks an unjust law must do so openly, lovingly, and with a
willingness to accept the penalty
the person who willingly accepts the penalty of imprisonment in order to arouse the
conscience of the community over its injustice is in reality expressing the highest respect
for law

Moral Duty & the Rule of Law

the Christian duty to obey the government and its laws
a private citizen may, in extreme circumstances, engage in civil disobedience and accept
the punishment of an unjust law
but a public official has no such option b/c he is sworn to uphold the law
re: Dred Scott even nonparties were obliged to respect the resolution of that dispute
b/c our liberty depends on the rule of law, we are all bound to obey even when we
disagree with the decisions of our courts