Disobedience (other)
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Civil disobedience is the active, professed refusal of a
citizen Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and ...
to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hence, civil disobedience is sometimes equated with peaceful protests or
nonviolent resistance Nonviolent resistance (NVR), or nonviolent action, sometimes called civil resistance, is the practice of achieving goals such as social change through symbolic protests, civil disobedience, economic or political noncooperation, satyagraha, cons ...
.
Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
's essay ''Resistance to Civil Government'', published posthumously as ''
Civil Disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
'', popularized the term in the US, although the concept itself has been practiced longer before. It has inspired leaders such as Susan B. Anthony of the U.S. women's suffrage movement in the late 1800s, Saad Zaghloul in the 1910s culminating in
Egyptian Revolution of 1919 The Egyptian Revolution of 1919 ( ''Thawra 1919'') was a countrywide revolution against the British occupation of Egypt and Sudan. It was carried out by Egyptians from different walks of life in the wake of the British-ordered exile of the rev ...
against British Occupation, and Mahatma Gandhi in 1920s India in their protests for Indian independence against the British Empire. Martin Luther King Jr.'s and James Bevel's peaceful protests during the civil rights movement in the 1960s United States contained important aspects of civil disobedience. Although civil disobedience is rarely justifiable in court, King regarded civil disobedience to be a display and practice of reverence for law: "Any man who breaks a law that conscience tells him is unjust and willingly accepts the penalty by staying in jail to arouse the conscience of the community on the injustice of the law is at that moment expressing the very highest respect for the law."


History

An early depiction of civil disobedience is in Sophocles' play '' Antigone'', in which Antigone, one of the daughters of former King of Thebes,
Oedipus Oedipus (, ; grc-gre, Οἰδίπους "swollen foot") was a mythical Greek king of Thebes. A tragic hero in Greek mythology, Oedipus accidentally fulfilled a prophecy that he would end up killing his father and marrying his mother, thereby ...
, defies
Creon Creon may refer to: Greek history * Creon, the first annual eponymous archon of Athens, 682–681 BC Greek mythology * Creon (king of Thebes), mythological king of Thebes * Creon (king of Corinth), father of Creusa/Glauce in Euripides' ''Medea' ...
, the current King of Thebes, who is trying to stop her from giving her brother Polynices a proper burial. She gives a stirring speech in which she tells him that she must obey her conscience rather than human law. She is not at all afraid of the death he threatens her with (and eventually carries out), but she is afraid of how her conscience will smite her if she does not do this.
Étienne de La Boétie Étienne or Estienne de La Boétie (; oc, Esteve de La Boetiá; 1 November 1530 – 18 August 1563) was a French magistrate, classicist, writer, poet and political theorist, best remembered for his intense and intimate friendship with essayist ...
's thought developed in his work '' Discours de la servitude volontaire ou le Contr'un'' (1552) was also taken up by many movements of civil disobedience, which drew from the concept of rebellion to voluntary servitude the foundation of its instrument of struggle. Étienne de La Boétie was one of the first to theorize and propose the strategy of non-cooperation, and thus a form of nonviolent disobedience, as a really effective weapon. In the lead-up to the
Glorious Revolution The Glorious Revolution; gd, Rèabhlaid Ghlòrmhor; cy, Chwyldro Gogoneddus , also known as the ''Glorieuze Overtocht'' or ''Glorious Crossing'' in the Netherlands, is the sequence of events leading to the deposition of King James II and ...
in Britain, when the
1689 Bill of Rights The Bill of Rights 1689 is an Act of Parliament (UK), Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in UK constitutional law, ...
was documented, the last Catholic monarch was deposed, and male and female joint-co-monarchs elevated. The English Midland Enlightenment had developed a manner of voicing objection to a law viewed as illegitimate and then taking the consequences of the law. This was focused on the illegitimacy of laws claimed to be "divine" in origin, both the "divine rights of kings" and "divine rights of man", and the legitimacy of laws acknowledged to be made by human beings. Following the Peterloo massacre of 1819, the poet
Percy Shelley Percy Bysshe Shelley ( ; 4 August 17928 July 1822) was one of the major English Romantic poets. A radical in his poetry as well as in his political and social views, Shelley did not achieve fame during his lifetime, but recognition of his achie ...
wrote the political poem '' The Mask of Anarchy'' later that year, that begins with the images of what he thought to be the unjust forms of authority of his time—and then imagines the stirrings of a new form of
social action In sociology, social action, also known as Weberian social action, is an act which takes into account the actions and reactions of individuals (or ' agents'). According to Max Weber, "Action is 'social' insofar as its subjective meaning takes ac ...
. According to
Ashton Nichols Brooks Ashton Nichols (born 1953) is the Walter E. Beach ’56 Distinguished Chair Emeritus in Sustainable Studies and Professor of English Language and Literature Emeritus at Dickinson College. His interests are in literature, contemporary ecoc ...
, it is perhaps the first
modern Modern may refer to: History * Modern history ** Early Modern period ** Late Modern period *** 18th century *** 19th century *** 20th century ** Contemporary history * Moderns, a faction of Freemasonry that existed in the 18th century Phil ...
statement of the principle of nonviolent protest.
A version was taken up by the author
Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
in his essay Civil Disobedience (Thoreau), ''Civil Disobedience'', and later by Gandhi in his doctrine of ''
Satyagraha Satyagraha ( sa, सत्याग्रह; ''satya'': "truth", ''āgraha'': "insistence" or "holding firmly to"), or "holding firmly to truth",' or "truth force", is a particular form of nonviolent resistance or civil resistance. Someone w ...
''. Gandhi's Satyagraha was partially influenced and inspired by Shelley's nonviolence in protest and political action. In particular, it is known that Gandhi often quoted Shelley's ''Masque of Anarchy'' to vast audiences during the campaign for a free India. Thoreau's 1849 essay ''
Civil Disobedience Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government (or any other authority). By some definitions, civil disobedience has to be nonviolent to be called "civil". Hen ...
'', originally titled "Resistance to Civil Government", has had a wide influence on many later practitioners of civil disobedience. The driving idea behind the essay is that citizens are morally responsible for their support of aggressors, even when such support is required by law. In the essay, Thoreau explained his reasons for having refused to pay taxes as an act of protest against slavery and against the Mexican–American War. He writes,
If I devote myself to other pursuits and contemplations, I must first see, at least, that I do not pursue them sitting upon another man's shoulders. I must get off him first, that he may pursue his contemplations too. See what gross inconsistency is tolerated. I have heard some of my townsmen say, "I should like to have them order me out to help put down an insurrection of the slaves, or to march to Mexico;—see if I would go;" and yet these very men have each, directly by their allegiance, and so indirectly, at least, by their money, furnished a substitute.
By the 1850s, a range of minority groups in the United States: African Americans, Jews,
Seventh Day Baptists Seventh Day Baptists are Baptists who observe the Sabbath as the seventh day of the week, Saturday, as a holy day to God. They adopt a covenant Baptist theology, based on the concept of regenerated society, conscious baptism of believers by immers ...
, Catholics, anti-prohibitionists, racial egalitarians, and others—employed civil disobedience to combat a range of legal measures and public practices that to them promoted ethnic, religious, and racial discrimination. Pro Public and typically peaceful resistance to political power remained an integral tactic in modern American minority rights politics. In Ireland starting from 1879 the Irish " Land War" intensified when Irish nationalist leader Charles Stewart Parnell, in a speech in
Ennis Ennis () is the county town of County Clare, in the mid-west of Ireland. The town lies on the River Fergus, north of where the river widens and enters the Shannon Estuary. Ennis is the largest town in County Clare, with a population of 25,27 ...
proposed that when dealing with tenants who take farms where another tenant was evicted, rather than resorting to violence, everyone in the locality should shun them. Following this Captain Charles Boycott, the land agent of an absentee landlord in
County Mayo County Mayo (; ga, Contae Mhaigh Eo, meaning "Plain of the Taxus baccata, yew trees") is a Counties of Ireland, county in Republic of Ireland, Ireland. In the West Region, Ireland, West of Ireland, in the Provinces of Ireland, province of Conn ...
, Ireland, was subject to social ostracism organized by the Irish Land League in 1880. Boycott attempted to evict eleven tenants from his land. While Parnell's speech did not refer to land agents or landlords, the tactic was applied to Boycott when the alarm was raised about the evictions. Despite the short-term economic hardship to those undertaking this action, Boycott soon found himself isolated – his workers stopped work in the fields and stables, as well as in his house. Local businessmen stopped trading with him, and the local postman refused to deliver mail. The movement spread throughout Ireland and gave rise to the term to
Boycott A boycott is an act of nonviolent, voluntary abstention from a product, person, organization, or country as an expression of protest. It is usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict som ...
, and eventually led to legal reform and support for Irish independence. Egypt saw a massive implementation on a nation-wide movement starting 1914 and peaking in 1919 as the Egyptian Revolution of 1919. This was then adopted by other native peoples who objected to British occupation from 1920 and on. This was not used with native laws that were more oppressive than the British occupation, leading to problems for these countries today. Zaghloul Pasha, considered the mastermind behind this massive civil disobedience, was a native middle-class, Azhar graduate, political activist, judge, parliamentary and ex-cabinet minister whose leadership brought Christian and Muslim communities together as well as women into the massive protests. Along with his companions of Wafd Party, who have achieved an independence of Egypt and a first constitution in 1923. Civil disobedience is one of the many ways people have revolted against what they deem to be unfair laws. It has been used in many
nonviolent resistance Nonviolent resistance (NVR), or nonviolent action, sometimes called civil resistance, is the practice of achieving goals such as social change through symbolic protests, civil disobedience, economic or political noncooperation, satyagraha, cons ...
movements in India ( Mahatma Gandhi's campaigns for independence from the British Empire), in Czechoslovakia's Velvet Revolution, in early stages of the Bangladeshi independence movement against Pakistani colonialism and in East Germany to oust their
Stalinist Stalinism is the means of governing and Marxist-Leninist policies implemented in the Soviet Union from 1927 to 1953 by Joseph Stalin. It included the creation of a one-party totalitarian police state, rapid industrialization, the theory o ...
government. In South Africa during the leftist campaign against the far-right Apartheid regime, in the American civil rights movement against Jim Crow laws, in the
Singing Revolution The Singing Revolution; lv, dziesmotā revolūcija; lt, dainuojanti revoliucija) was a series of events that led to the restoration of independence of the Baltic states, Baltic nations of Estonia, Latvia, and Lithuania from the Soviet Union a ...
to bring independence to the Baltic countries from the Soviet Union, and more recently with the 2003 Rose Revolution in Georgia, the 2004 Orange Revolution and the 2013–2014
Euromaidan Euromaidan (; uk, Євромайдан, translit=Yevromaidan, lit=Euro Square, ), or the Maidan Uprising, was a wave of Political demonstration, demonstrations and civil unrest in Ukraine, which began on 21 November 2013 with large protes ...
revolution in Ukraine, the 2016–2017
Candlelight Revolution Candlelight or Candlelighting or Candlelighter may refer to: *Light created by a candle *Candlelighting, the lighting of Shabbat candles *A candlelight vigil, an outdoor assembly of people carrying candles, held after sunset in order to show suppor ...
in South Korea, and the
2020–2021 Belarusian protests The 2020–2021 Belarusian protests were a series of mass political demonstrations and protests against the Belarusian government and President Alexander Lukashenko. The largest anti-government protests in the history of Belarus, the demonst ...
, among many other various movements worldwide.


Etymology

Henry David Thoreau Henry David Thoreau (July 12, 1817May 6, 1862) was an American naturalist, essayist, poet, and philosopher. A leading Transcendentalism, transcendentalist, he is best known for his book ''Walden'', a reflection upon simple living in natural su ...
's 1849 essay "Resistance to Civil Government" was eventually renamed "Essay on Civil Disobedience". After his landmark lectures were published in 1866, the term began to appear in numerous sermons and lectures relating to slavery and the war in Mexico. Thus, by the time Thoreau's lectures were first published under the title "Civil Disobedience", in 1866, four years after his death, the term had achieved fairly widespread usage. It has been argued that the term "civil disobedience" has always suffered from ambiguity and in modern times, become utterly debased. Marshall Cohen notes, "It has been used to describe everything from bringing a test-case in the federal courts to
taking aim at a federal official Assaulting, kidnapping, and assassinating the government officials of the United States, their families, and foreign dignitaries and official guests, is a crime under various statutes, including (Assaulting, resisting, or impeding certain officers ...
. Indeed, for Vice President Spiro Agnew it has become a code-word describing the activities of muggers, arsonists, draft evaders, campaign hecklers, campus militants, anti-war demonstrators, juvenile delinquents and political assassins." LeGrande writes that He encourages a distinction between lawful protest demonstration, nonviolent civil disobedience, and violent civil disobedience. In a letter to P. K. Rao, dated 10 September 1935, Gandhi disputes that his idea of civil disobedience was derived from the writings of Thoreau:
The statement that I had derived my idea of Civil Disobedience from the writings of Thoreau is wrong. The resistance to authority in South Africa was well advanced before I got the essay ... When I saw the title of Thoreau's great essay, I began to use his phrase to explain our struggle to the English readers. But I found that even "Civil Disobedience" failed to convey the full meaning of the struggle. I therefore adopted the phrase "Civil Resistance."


Theories

In seeking an active form of civil disobedience, one may choose to deliberately break certain laws, such as by forming a peaceful blockade or occupying a facility illegally, though sometimes violence has been known to occur. Often there is an expectation to be attacked or even beaten by the authorities. Protesters often undergo training in advance on how to react to arrest or to attack. Civil disobedience is usually defined as pertaining to a citizen's relation to the state and its laws, as distinguished from a
constitutional impasse In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this d ...
, in which two public agencies, especially two equally
sovereign ''Sovereign'' is a title which can be applied to the highest leader in various categories. The word is borrowed from Old French , which is ultimately derived from the Latin , meaning 'above'. The roles of a sovereign vary from monarch, ruler or ...
branches of government Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
, conflict. For instance, if the head of government of a country were to refuse to enforce a decision of that country's highest court, it would not be civil disobedience, since the head of government would act in his or her capacity as public official rather than private citizen. This definition is disputed by Thoreau's political philosophy on the conscience vs. the collective. The person is the final judge of right and wrong. More than this, since only people act, only a person can act unjustly. When the government knocks on the door, it is a person in the form of a postman or tax collector whose hand hits the wood. Before Thoreau's imprisonment, when a confused taxman had wondered aloud about how to handle his refusal to pay, Thoreau had advised, "Resign". If a man chose to be an agent of injustice, then Thoreau insisted on confronting him with the fact that he was making a choice. He admits that government may express the will of the majority but it may also express nothing more than the will of elite politicians. Even a good form of government is "liable to be abused and perverted before the people can act through it". If a government did express the voice of most people, this would not compel the obedience of those who disagree with what is said. The majority may be powerful but it is not necessarily right. In his 1971 book, ''
A Theory of Justice ''A Theory of Justice'' is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921-2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributiv ...
'', John Rawls described civil disobedience as "a public, non-violent, conscientious yet political act contrary to law usually done with the aim of bringing about change in the law or policies of the government".
Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New Yo ...
held that there are three types of civil disobedience: * "Integrity-based" civil disobedience occurs when a citizen disobeys a law they feel is immoral, as in the case of abolitionists disobeying the
fugitive slave laws The fugitive slave laws were laws passed by the United States Congress in 1793 and 1850 to provide for the return of enslaved people who escaped from one state into another state or territory. The idea of the fugitive slave law was derived from t ...
by refusing to turn over escaped slaves to authorities. * "Justice-based" civil disobedience occurs when a citizen disobeys laws to lay claim to some right denied to them, as when Black people illegally protested during the civil rights movement. * "Policy-based" civil disobedience occurs when a person breaks the law to change a policy they believe is dangerously wrong. Some theories of civil disobedience hold that civil disobedience is only justified against governmental entities. Brownlee argues that disobedience in opposition to the decisions of non-governmental agencies such as trade unions, banks, and
private universities Private universities and private colleges are institutions of higher education, not operated, owned, or institutionally funded by governments. They may (and often do) receive from governments tax breaks, public student loans, and grant (money ...
can be justified if it reflects "a larger challenge to the legal system that permits those decisions to be taken". The same principle, she argues, applies to breaches of law in protest against international organizations and foreign governments. It is usually recognized that lawbreaking, if it is not done publicly, at least must be publicly announced to constitute civil disobedience. But Stephen Eilmann argues that if it is necessary to disobey rules that conflict with morality, we might ask why disobedience should take the form of public civil disobedience rather than simply covert lawbreaking. If a lawyer wishes to help a client overcome legal obstacles to securing their natural rights, he might, for instance, find that assisting in
fabricating evidence False evidence, fabricated evidence, forged evidence, fake evidence or tainted evidence is information created or obtained illegally in order to sway the verdict in a court case. Falsified Evidence (law), evidence could be created by either sid ...
or committing perjury is more effective than open disobedience. This assumes that common morality does not have a prohibition on deceit in such situations. The
Fully Informed Jury Association The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization. It works to educate citizens on their authority when they serve as ...
's publication "A Primer for Prospective Jurors" notes, "Think of the dilemma faced by German citizens when Hitler's secret police demanded to know if they were hiding a Jew in their house." By this definition, civil disobedience could be traced back to the Book of Exodus, where Shiphrah and
Puah Shiphrah ( he, שִׁפְרָה ') and Puah ( he, פּוּעָה ') were two midwives who briefly prevented a genocide of children by the Egyptians, according to Exodus 1:15–21. According to the Exodus narrative, they were commanded by the Ki ...
refused a direct order of Pharaoh but misrepresented how they did it. (Exodus 1: 15–19)


Violent vs. nonviolent

There have been debates as to whether civil disobedience must necessarily be non-violent. ''
Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by West P ...
'' includes nonviolence in its definition of civil disobedience. Christian Bay's encyclopedia article states that civil disobedience requires "carefully chosen and legitimate means", but holds that they do not have to be non-violent. It has been argued that, while both civil disobedience and
civil rebellion In political science, a revolution (Latin: ''revolutio'', "a turn around") is a fundamental and relatively sudden change in political power and political organization which occurs when the population revolts against the government, typically due ...
are justified by appeal to
constitutional defect The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
s, rebellion is much more destructive; therefore, the defects justifying rebellion must be much more serious than those justifying disobedience, and if one cannot justify civil rebellion, then one cannot justify a civil disobedient's use of force and violence and refusal to submit to arrest. Civil disobedients' refraining from violence is also said to help preserve society's tolerance of civil disobedience. The philosopher H. J. McCloskey argues that "if violent, intimidatory, coercive disobedience is more effective, it is, other things being equal, more justified than less effective, nonviolent disobedience." In his best-selling ''Disobedience and Democracy: Nine Fallacies on Law and Order'', Howard Zinn takes a similar position; Zinn states that while the goals of civil disobedience are generally nonviolent, Zinn rejects any "easy and righteous dismissal of violence", noting that Thoreau, the popularizer of the term civil disobedience, approved of the armed insurrection of
John Brown John Brown most often refers to: *John Brown (abolitionist) (1800–1859), American who led an anti-slavery raid in Harpers Ferry, Virginia in 1859 John Brown or Johnny Brown may also refer to: Academia * John Brown (educator) (1763–1842), Ir ...
. He also notes that some major civil disobedience campaigns which have been classified as non-violent, such as the Birmingham campaign, have actually included elements of violence.


Revolutionary vs. non-revolutionary

Non-revolutionary civil disobedience is a simple disobedience of laws on the grounds that they are judged "wrong" by a person's conscience, or as part of an effort to render certain laws ineffective, to cause their repeal, or to exert pressure to get one's political wishes on some other issue. Revolutionary civil disobedience is more of an active attempt to overthrow a government (or to change cultural traditions, social customs or religious beliefs). Revolution does not have to be political, i.e. "cultural revolution", it simply implies sweeping and widespread change to a section of the social fabric. Gandhi's acts have been described as revolutionary civil disobedience. It has been claimed that the Hungarians under Ferenc Deák directed revolutionary civil disobedience against the
Austrian government The Government of Austria (german: Bundesregierung der Republik Österreich) is the executive cabinet of the Republic of Austria. It consists of the chancellor, who is the head of government, the vice chancellor and the ministers. Appointme ...
. Thoreau also wrote of civil disobedience accomplishing "peaceable revolution". Howard Zinn,
Harvey Wheeler John Harvey Wheeler (October 17, 1918 – September 6, 2004) was an American author, political scientist, and scholar. He was best known as co-author with Eugene Burdick of ''Fail-Safe (novel), Fail-Safe'' (1962), an early Cold War novel that de ...
, and others have identified the right espoused in the US Declaration of Independence to "alter or abolish" an unjust government to be a principle of civil disobedience.


Collective vs. solitary

The earliest recorded incidents of collective civil disobedience took place during the Roman Empire. Unarmed Jews gathered in the streets to prevent the installation of pagan images in the Temple in Jerusalem. In modern times, some activists who commit civil disobedience as a group collectively refuse to sign bail until certain demands are met, such as favourable bail conditions, or the release of all the activists. This is a form of
jail solidarity Jail solidarity is unity of purpose of those incarcerated or imprisoned. In some mass arrest situations, the activists decide to use solidarity tactics to secure the same plea bargain for everyone. Sometimes activists also make a mutual decision to ...
. There have also been many instances of solitary civil disobedience, such as that committed by Thoreau, but these sometimes go unnoticed. Thoreau, at the time of his arrest, was not yet a well-known author, and his arrest was not covered in any newspapers in the days, weeks and months after it happened. The tax collector who arrested him rose to higher political office, and Thoreau's essay was not published until after the end of the Mexican War.


Choices


Action

Civil disobedients have chosen a variety of different illegal acts. Hugo A. Bedau writes, Bedau also notes, though, that the very harmlessness of such entirely symbolic illegal protests toward public policy goals may serve a propaganda purpose. Some civil disobedients, such as the proprietors of illegal medical cannabis dispensaries and Voice in the Wilderness, which brought medicine to Iraq without the permission of the US government, directly achieve a desired social goal (such as the provision of medication to the sick) while openly breaking the law.
Julia Butterfly Hill ''Sequoia sempervirens'' ()''Sunset Western Garden Book,'' 1995:606–607 is the sole living species of the genus '' Sequoia'' in the cypress family Cupressaceae (formerly treated in Taxodiaceae). Common names include coast redwood, coastal ...
lived in Luna, a -tall, 600-year-old
California Redwood ''Sequoia sempervirens'' ()''Sunset Western Garden Book,'' 1995:606–607 is the sole living species of the genus '' Sequoia'' in the cypress family Cupressaceae (formerly treated in Taxodiaceae). Common names include coast redwood, coastal ...
tree for 738 days, preventing its felling. In cases where the criminalized behaviour is pure speech, civil disobedience can consist simply of engaging in the forbidden speech. An example is WBAI's broadcasting of the bit "
Filthy Words The seven dirty words are seven English-language curse words that American comedian George Carlin first listed in his 1972 "Seven Words You Can Never Say on Television" monologue. The words, in the order Carlin listed them, are: " shit", " pis ...
" from a George Carlin comedy album, which eventually led to the 1978 Supreme Court case of ''
FCC v. Pacifica Foundation ''Federal Communications Commission v. Pacifica Foundation'', 438 U.S. 726 (1978), was a landmark decision of the US Supreme Court that defined the power of the Federal Communications Commission (FCC) over indecent material as applied to broadc ...
''.
Threatening government officials Threatening the government officials of the United States is a felony under federal law. Threatening the president of the United States is a felony under , punishable by up to 5 years of imprisonment, that is investigated by the United States Sec ...
is another classic way of expressing defiance toward the government and unwillingness to stand for its policies. For example, Joseph Haas was arrested for allegedly sending an email to the Lebanon, New Hampshire, city councillors stating, "Wise up or die." More generally, protesters of particular victimless crimes often see fit to openly commit that crime. Laws against public nudity, for instance, have been protested by going naked in public, and laws against cannabis consumption have been protested by openly possessing it and using it at cannabis rallies. Some forms of civil disobedience, such as
illegal boycott A boycott is an act of nonviolent, voluntary abstention from a product, person, organization, or country as an expression of protest. It is usually for moral, social, political, or environmental reasons. The purpose of a boycott is to inflict som ...
s,
refusals to pay taxes Tax resistance is the refusal to pay tax because of opposition to the government that is imposing the tax, or to government policy, or as opposition to taxation in itself. Tax resistance is a form of direct action and, if in violation of the tax ...
,
draft dodging Draft evasion is any successful attempt to elude a government-imposed obligation to serve in the military forces of one's nation. Sometimes draft evasion involves refusing to comply with the military draft laws of one's nation. Illegal draft ev ...
,
distributed denial-of-service attack In computing, a denial-of-service attack (DoS attack) is a cyber-attack in which the perpetrator seeks to make a machine or network resource unavailable to its intended users by temporarily or indefinitely disrupting services of a host connec ...
s, and
sit-in A sit-in or sit-down is a form of direct action that involves one or more people occupying an area for a protest, often to promote political, social, or economic change. The protestors gather conspicuously in a space or building, refusing to mo ...
s, make it more difficult for a system to function. In this way, they might be considered coercive; coercive disobedience has the effect of exposing the enforcement of laws and policies, and it has even operated as an aesthetic strategy in contemporary art practice. Brownlee notes that "although civil disobedients are constrained in their use of coercion by their conscientious aim to engage in moral dialogue, nevertheless they may find it necessary to employ limited coercion to get their issue onto the table". The Plowshares organization temporarily closed GCSB Waihopai by padlocking the gates and using sickles to deflate one of the large domes covering two satellite dishes. Electronic civil disobedience can include
web site defacement Website defacement is an attack on a website that changes the visual appearance of a website or a web page. These are typically the work of defacers, who break into a web server and replace the hosted website with one of their own. Defacement i ...
s, redirects, denial-of-service attacks,
information theft Computer trespass is a computer crime in the United States involving unlawful access to computers. It is defined under the Computer Fraud and Abuse act. ( U.S.C 18 § 1030) Definition A computer trespass is defined as accessing a computer with ...
and data leaks, illegal web site parodies,
virtual sit-in A virtual sit-in is a form of electronic civil disobedience deriving its name from the sit-ins popular during the American Civil Rights Movement, civil rights movement of the 1960s. The virtual sit-in attempts to recreate that same action digitally ...
s, and
virtual sabotage Website defacement is an attack on a website that changes the visual appearance of a website or a web page. These are typically the work of defacers, who break into a web server and replace the hosted website with one of their own. Defacement i ...
. It is distinct from other kinds of hacktivism in that the perpetrator openly reveals his identity. Virtual actions rarely succeed in completely shutting down their targets, but they often generate significant media attention.
Dilemma action A dilemma action is a type of non-violent civil disobedience designed to create a "response dilemma" or "lose-lose" situation for public authorities "by forcing them to either concede some public space to protesters or make themselves look absurd or ...
s are designed to create a "response dilemma" for public authorities "by forcing them to either concede some public space to protesters or make themselves look absurd or heavy-handed by acting against the protest."Laura Moth,
Today's Zaman ''Today's Zaman'' (Zaman is Turkish for 'time' or 'age') was an English-language daily newspaper based in Turkey. Established on 17 January 2007, it was the English-language edition of the Turkish daily '' Zaman.'' ''Today's Zaman'' included dom ...
, 19 June 2013
A standing dilemma in Taksim
/ref>


Compliance

Some disciplines of civil disobedience hold that the protester must submit to arrest and cooperate with the authorities. Others advocate falling limp or resisting arrest, especially when it will hinder the police from effectively responding to a mass protest. Many of the same decisions and principles that apply in other criminal investigations and arrests arise also in civil disobedience cases. For example, the suspect may need to decide whether to grant a consent search of his property, and whether to talk to police officers. It is generally agreed within the legal community, and is often believed within the activist community, that a suspect's talking to criminal investigators can serve no useful purpose, and may be harmful. Some civil disobedients are compelled to respond to investigators' questions, sometimes by a misunderstanding of the legal ramifications or a fear of seeming rude. Also, some civil disobedients seek to use the arrest as an opportunity to make an impression on the officers. Thoreau wrote, Some civil disobedients feel it is incumbent upon them to accept punishment because of their belief in the validity of the
social contract In moral and political philosophy Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships betw ...
, which is held to bind all to obey the laws that a government meeting certain standards of legitimacy has established, or else suffer the penalties set out in the law. Other civil disobedients who favour the existence of government still do not believe in the legitimacy of their particular government or do not believe in the legitimacy of a particular law it has enacted. Anarchistic civil disobedients do not believe in the legitimacy of any government, so see no need to accept punishment for a violation of criminal law.


Plea

An important decision for civil disobedients is whether to plead guilty. There is much debate on this point, as some believe that it is a civil disobedient's duty to submit to the punishment prescribed by law, while others believe that defending oneself in court will increase the possibility of changing the unjust law. It has also been argued that either choice is compatible with the spirit of civil disobedience.
ACT UP AIDS Coalition to Unleash Power (ACT UP) is an international, grassroots political group working to end the AIDS pandemic. The group works to improve the lives of people with AIDS through direct action, medical research, treatment and advocacy, ...
's Civil Disobedience Training handbook states that a civil disobedient who pleads guilty is essentially stating, "Yes, I committed the act of which you accuse me. I don't deny it; in fact, I am proud of it. I feel I did the right thing by violating this particular law; I am guilty as charged", but that pleading not guilty sends a message of, "Guilt implies wrong-doing. I feel I have done no wrong. I may have violated some specific laws, but I am guilty of doing no wrong. I, therefore, plead not guilty." A plea of no contest is sometimes regarded as a compromise between the two. One defendant accused of illegally protesting nuclear power, when asked to enter his plea, stated, "I plead for the beauty that surrounds us"; this is known as a "creative plea", and will usually be interpreted as a plea of not guilty. When the Committee for Non-Violent Action sponsored a protest in August 1957, at the Camp Mercury nuclear test site near Las Vegas, Nevada, 13 of the protesters attempted to enter the test site knowing that they faced arrest. At an announced time, one by one they crossed a line and were immediately arrested. They were put on a bus and taken to the Nye County seat of Tonopah, Nevada, and arraigned for trial before the local Justice of the Peace, that afternoon. A civil rights attorney, Francis Heisler, had volunteered to defend the accused, advising them to plead ''
nolo contendere ' is a legal term that comes from the Latin phrase for "I do not wish to contend". It is also referred to as a plea of no contest or no defense. In criminal trials in certain United States jurisdictions, it is a plea where the defendant neithe ...
'' rather than guilty or not guilty. They were found guilty and given suspended sentences, conditional on not reentering the test site. Howard Zinn writes, Sometimes the prosecution proposes a
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
to civil disobedients, as in the case of the Camden 28, in which the defendants were offered an opportunity to plead guilty to one misdemeanour count and receive no jail time. In some mass arrest situations, the activists decide to use
solidarity ''Solidarity'' is an awareness of shared interests, objectives, standards, and sympathies creating a psychological sense of unity of groups or classes. It is based on class collaboration.''Merriam Webster'', http://www.merriam-webster.com/dictio ...
tactics to secure the same plea bargain for everyone. But some activists have opted to enter a
blind plea In legal terms, a plea is simply an answer to a claim made by someone in a criminal case under common law using the adversarial system. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in respons ...
, pleading guilty without any plea agreement in place. Mahatma Gandhi pleaded guilty and told the court, "I am here to ... submit cheerfully to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen."


Allocution

Some civil disobedience defendants choose to make a defiant speech, or a speech explaining their actions, in allocution. In ''U.S. v. Burgos-Andujar'', a defendant who was involved in a movement to stop military exercises by trespassing on US Navy property argued to the court in allocution that "the ones who are violating the greater law are the members of the Navy". As a result, the judge increased her sentence from 40 to 60 days. This action was upheld because, according to the
US Court of Appeals for the First Circuit The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * ...
, her statement suggested a lack of remorse, an attempt to avoid responsibility for her actions, and even a likelihood of repeating her illegal actions. Some of the other allocution speeches given by the protesters complained about mistreatment from government officials. Tim DeChristopher gave an allocution statement to the court describing the US as "a place where the rule of law was created through acts of civil disobedience" and arguing, "Since those bedrock acts of civil disobedience by our founding fathers, the rule of law in this country has continued to grow closer to our shared higher moral code through the civil disobedience that drew attention to legalized injustice."


Legal implications

Steven Barkan Steven Barkan (born 1951), an American sociologist, is Professor and chairperson of the Sociology department at the University of Maine. Barkan is a Phi Beta Kappa graduate of Trinity College, in Hartford, Connecticut where he studied sociology ...
writes that if defendants plead not guilty, "they must decide whether their primary goal will be to win an acquittal and avoid imprisonment or a fine, or to use the proceedings as a forum to inform the jury and the public of the political circumstances surrounding the case and their reasons for breaking the law via civil disobedience." A
technical defence A technical defense is one used by a defendant to seek acquittal based on the technicalities of the law. It is in contrast to a political defense which seeks to use political arguments to persuade a jury A jury is a sworn body of people (jurors ...
may enhance the chances for acquittal but increase the possibility of additional proceedings and of reduced press coverage. During the Vietnam War era, the
Chicago Eight The Chicago Seven, originally the Chicago Eight and also known as the Conspiracy Eight or Conspiracy Seven, were seven defendants—Rennie Davis, David Dellinger, John Froines, Tom Hayden, Abbie Hoffman, Jerry Rubin, and Lee Weiner—charged b ...
used a
political defence A political defense is a defense to a criminal charge in which the defendant asserts at trial the political motivations behind the allegedly criminal conduct. In some circumstances, the defendant might assert political motivations in order to seek ...
, but Benjamin Spock used a technical defence. In countries such as the United States, whose laws guarantee the right to a jury trial but do not excuse lawbreaking for political purposes, some civil disobedients seek jury nullification. Over the years, this has been made more difficult by court decisions such as ''
Sparf v. United States ''Sparf v. United States'', 156 U.S. 51 (1895), or ''Sparf and Hansen v. United States'',. was a United States Supreme Court case testing the admissibility of confessions by multiple defendants accused of the same crime, and the responsibility of j ...
'', which held that the judge need not inform jurors of their nullification prerogative, and ''
United States v. Dougherty ''United States v. Dougherty'', 473 F.2d 1113 (D.C. Cir. 1972) was a 1972 decision by the United States Court of Appeals for the District of Columbia in which the court ruled that members of the D.C. Nine, who had broken into Dow Chemical Company ...
'', which held that the judge need not allow defendants to openly seek jury nullification. Governments have generally not recognized the legitimacy of civil disobedience or viewed political objectives as an excuse for breaking the law. Specifically, the law usually distinguishes between
criminal motive A motive is the cause that moves people to induce a certain action. In criminal law, motive in itself is not an element of any given crime; however, the legal system typically allows motive to be proven to make plausible the accused's reasons for ...
and
criminal intent Criminal intent refers to intention (criminal law), the subjective purpose or goal that must be proven along with criminal acts. It may also refer to: * ''Law & Order: Criminal Intent'', American television series * ''Criminal Intents/Morning Star' ...
; the offender's motives or purposes may be admirable and praiseworthy, but his intent may still be criminal. Hence the saying that "if there is any possible justification of civil disobedience it must come from outside the legal system." One theory is that, while disobedience may be helpful, any great amount of it undermines the law by encouraging general disobedience which is neither conscientious nor of social benefit. Therefore, conscientious lawbreakers must be punished. Michael Bayles argues that if a person violates a law to create a test case as to the constitutionality of a law, and then wins his case, then that act did not constitute civil disobedience. It has also been argued that breaking the law for self-gratification, as in the case of a cannabis user who does not direct his act at securing the repeal of amendment of the law, is not civil disobedience. Likewise, a protester who attempts to escape punishment by committing the crime covertly and avoiding attribution, or by denying having committed the crime, or by fleeing the jurisdiction, is generally not called a civil disobedient. Courts have distinguished between two types of civil disobedience: "Indirect civil disobedience involves violating a law which is not, itself, the object of protest, whereas direct civil disobedience involves protesting the existence of a particular law by breaking that law." During the Vietnam War, courts typically refused to excuse the perpetrators of illegal protests from punishment on the basis of their challenging the
legality of the Vietnam War The Vietnam War (also known by #Names, other names) was a conflict in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. It was the second of the Indochina Wars and was officially fought between North Vie ...
; the courts ruled it was a political question. The
necessity Necessary or necessity may refer to: * Need ** An action somebody may feel they must do ** An important task or essential thing to do at a particular time or by a particular moment * Necessary and sufficient condition, in logic, something that is ...
defence has sometimes been used as a
shadow defence A shadow defense is a legal defense that cannot be sustained on its own merits but opens the door to introducing evidence that will assist in seeking jury nullification, and gives the jury an excuse to acquit. A "shadow defense" also may refer to a ...
by civil disobedients to deny guilt without denouncing their politically motivated acts, and to present their political beliefs in the courtroom. Court cases such as ''
United States v. Schoon ''United States v. Schoon,'' 939 F.2d 826 (1991), was a case decided by the United States Court of Appeals for the Ninth Circuit. The court's decision centered upon the legal defense of necessity as it relates to acts of civil disobedience and fe ...
'' have greatly curtailed the availability of the political necessity defence. Likewise, when Carter Wentworth was charged for his role in the Clamshell Alliance's 1977 illegal occupation of the Seabrook Station Nuclear Power Plant, the judge instructed the jury to disregard his competing harms defence, and he was found guilty.
Fully Informed Jury Association The Fully Informed Jury Association (FIJA) is a United States national jury education organization, incorporated in the state of Montana as a 501(c)(3) not-for-profit organization. It works to educate citizens on their authority when they serve as ...
activists have sometimes handed out educational leaflets inside courthouses despite admonitions not to; according to the association, many of them have escaped prosecution because "prosecutors have reasoned (correctly) that if they arrest fully informed jury leafleters, the leaflets will have to be given to the leafleter's own jury as evidence." Along with giving the offender his
just deserts Desert () in philosophy is the condition of being deserving of something, whether good or bad. It is sometimes called moral desert to clarify the intended usage and distinguish it from the dry desert biome. It is a concept often associated wi ...
, achieving
crime control Crime control refers to methods taken to reduce crime in a society. Crime control standardizes police work. Crime prevention is also widely implemented in some countries, through government police and, in many cases, private policing methods such ...
via incapacitation and deterrence is a major goal of criminal punishment. Brownlee argues, "Bringing in deterrence at the level of justification detracts from the law's engagement in a moral dialogue with the offender as a rational person because it focuses attention on the threat of punishment and not the moral reasons to follow this law." British judge
Lord Hoffman Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break ...
writes, "In deciding whether or not to impose punishment, the most important consideration would be whether it would do more harm than good. This means that the objector has no right not to be punished. It is a matter for the state (including the judges) to decide on utilitarian grounds whether to do so or not." Hoffman also asserted that while the "rules of the game" for protesters were to remain non-violent while breaking the law, the authorities must recognize that demonstrators are acting out of their conscience in pursuit of democracy. "When it comes to punishment, the court should take into account their personal convictions", he said.


See also

* Anti-establishment *
Agorism Agorism is a social philosophy that advocates creating a society in which all relations between people are voluntary exchanges by means of counter-economics, engaging with aspects of nonviolent revolution. It was first proposed by American liber ...
*
Astroturfing Astroturfing is the practice of masking the sponsors of a message or organization (e.g., political, advertising, religious or public relations) to make it appear as though it originates from and is supported by grassroots participants. It is a p ...
* Billboard hacking *
Civil resistance Civil resistance is political action that relies on the use of nonviolent resistance by ordinary people to challenge a particular power, force, policy or regime. Civil resistance operates through appeals to the adversary, pressure and coercion: i ...
*
Civilian-based defense Civilian-based defense or social defence describes non-military action by a society or social group, particularly in a context of a sustained campaign against outside attack or dictatorial rule – or preparations for such a campaign in the event of ...
*
Climate disobedience Individual action on climate change can include personal choices in many areas, such as diet, travel, household energy use, consumption of goods and services, and family size. Individuals can also engage in local and political advocacy around issu ...
* Colour revolution *
Conscientious objector A conscientious objector (often shortened to conchie) is an "individual who has claimed the right to refuse to perform military service" on the grounds of freedom of thought, conscience, or religion. The term has also been extended to object ...
* Counterculture *
Counter-economics Counter-economics is an economic theory and revolutionary method consisting of direct action carried out through the black market or the gray market. As a term, it was originally used by American libertarian activists and theorists Samuel Edward K ...
* Culture jamming * Demonstration * Dissent *
Direct action Direct action originated as a political activist term for economic and political acts in which the actors use their power (e.g. economic or physical) to directly reach certain goals of interest, in contrast to those actions that appeal to oth ...
*
Diversity of tactics Diversity of tactics is a phenomenon wherein a social movement makes periodic use of force for disruptive or Self-defense, defensive purposes, stepping beyond the limits of nonviolent resistance, but also stopping short of total militarization. I ...
*
Ecoterrorism Eco-terrorism is an act of violence which is committed in support of environmental causes, against people or property. The United States Federal Bureau of Investigation (FBI) defines eco-terrorism as "...the use or threatened use of violence o ...
* Extinction Rebellion * Gene Sharp *
Grassroots A grassroots movement is one that uses the people in a given district, region or community as the basis for a political or economic movement. Grassroots movements and organizations use collective action from the local level to effect change at t ...
* Grey market * Hunt sabotage * Indian independence movement * Insubordination * Internet activism * Malicious compliance *
Mass incidents in China Large-scale incidents of civil disobedience in the People's Republic of China are described by the Chinese government as "mass incidents" (). Mass incidents are defined broadly as "planned or impromptu gathering that form because of internal contr ...
* Minority influence *
Nonconformism Nonconformity or nonconformism may refer to: Culture and society * Insubordination, the act of willfully disobeying an order of one's superior *Dissent, a sentiment or philosophy of non-agreement or opposition to a prevailing idea or entity ** ...
to the established Church of England *
Non-conformists of the 1930s The non-conformists of the 1930s were groups and individuals during the inter-war period in France that were seeking new solutions to face the political, economical and social crisis. The name was coined in 1969 by the historian Jean-Louis Loubet ...
*
Nonviolent resistance Nonviolent resistance (NVR), or nonviolent action, sometimes called civil resistance, is the practice of achieving goals such as social change through symbolic protests, civil disobedience, economic or political noncooperation, satyagraha, cons ...
* Nonviolent revolution * Off-the-grid * Protest art *
Satyagraha Satyagraha ( sa, सत्याग्रह; ''satya'': "truth", ''āgraha'': "insistence" or "holding firmly to"), or "holding firmly to truth",' or "truth force", is a particular form of nonviolent resistance or civil resistance. Someone w ...
* Tree sitting * Underground culture *
User revolt A user revolt is a social conflict in which users of a website collectively and openly protest a website host's or administrator's instructions for using the website. Sometimes it happens that the website hosts can control a website's use in cert ...


References


Further reading

* * Dodd, Lynda G. "Parades, Pickets, and Prison: Alice Paul and the Virtues of Unruly Constitutional Citizenship." ''Journal of Law and Politics'' 24 (2008): 339–433
online
woman suffrage in the United States in 1917. * * * {{Use dmy dates, date=January 2022 Activism by type Community organizing Direct action Dissent Nonviolence