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Rawls Civil Disobedience

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Rawls's Civil Disobedience: A Simplified Explanation



John Rawls, a prominent 20th-century political philosopher, didn't explicitly define "civil disobedience" as a distinct concept. However, his theory of justice, particularly his concept of a "well-ordered society," implicitly provides a framework for understanding when and why civil disobedience might be justified. This article will explore Rawls's perspective on civil disobedience, focusing on how it fits within his broader theory of justice.


1. Rawls's Theory of Justice: The Foundation



Rawls's theory centers on the idea of a "veil of ignorance." Imagine individuals choosing principles of justice without knowing their future social position, talents, or beliefs. Under this veil, people would likely choose principles that protect the least advantaged members of society, ensuring fairness and equality. This leads to two key principles:

The Liberty Principle: Each person has an equal right to the most extensive system of basic liberties compatible with a similar system of liberty for all. This includes freedom of speech, conscience, and assembly – crucial elements for engaging in civil disobedience.
The Difference Principle: Social and economic inequalities are to be arranged so that they are both (a) reasonably expected to be to everyone's advantage, and (b) attached to positions and offices open to all. This principle ensures that inequalities don't unfairly disadvantage certain groups.

Civil disobedience, in Rawls's framework, isn't a rejection of these principles but rather a means of upholding them when the system falls short.


2. When is Civil Disobedience Justified?



Rawls doesn't offer a strict checklist, but his work suggests civil disobedience is justified under specific circumstances:

Serious Injustice: The injustice must be significant and directly violate one of Rawls's principles of justice. Minor inconveniences or disagreements don't warrant such action.
Failure of Normal Political Processes: All available legal and political avenues for redress must have been exhausted. Civil disobedience is a last resort, not a first option.
Public and Non-violent: The act of disobedience must be public, so its moral and political implications are clear. Furthermore, it must be non-violent to ensure it remains a form of persuasion rather than coercion. This is crucial to maintaining legitimacy and promoting dialogue.
Proportionality: The scale and impact of the civil disobedience must be proportionate to the seriousness of the injustice. A minor infringement doesn't justify extreme measures.

For example, a peaceful sit-in protesting discriminatory housing policies would be a plausible example of justifiable civil disobedience under Rawls's framework, provided all legal avenues had been exhausted.


3. The Role of Public Reason



Rawls emphasizes "public reason," meaning justification for political decisions should be accessible and understandable to all citizens, regardless of their background. Civil disobedience acts as a powerful tool to appeal to public reason, forcing society to reconsider unjust laws or policies. The act itself, along with its accompanying justifications, should be publicly defensible using arguments that all reasonable citizens could accept.


4. Civil Disobedience and the Well-Ordered Society



Rawls envisions a "well-ordered society" where citizens generally accept the principles of justice and abide by the law. However, even in such a society, instances of injustice may occur. Civil disobedience, then, becomes a mechanism for addressing these failures and reminding the society of its own ideals. It highlights the gaps between the principles and practice, prompting reform and strengthening the overall commitment to justice.


5. Example: The Civil Rights Movement



The US Civil Rights Movement provides a strong illustration. Peaceful protests, sit-ins, and marches, following exhausted legal channels, challenged segregation laws that violated Rawls's principles of liberty and equality. These acts of civil disobedience were public, non-violent, and proportionate to the injustice, ultimately contributing to significant societal change.


Actionable Takeaways:

Understanding Rawls's principles of justice is crucial for evaluating the legitimacy of civil disobedience.
Civil disobedience should be a last resort, employed only after other avenues have been exhausted.
It must be public, non-violent, and proportionate to the injustice being addressed.
The justification for the act must be grounded in public reason.

FAQs:

1. Isn't civil disobedience against the law? Yes, it often is. However, its justification lies in its appeal to higher moral principles and the pursuit of a more just society.

2. Can civil disobedience ever be violent? Rawls's framework strongly implies no. Violence undermines the legitimacy of the act and negates the emphasis on reasoned public discourse.

3. What if my act of civil disobedience fails? Even if it doesn't achieve immediate success, it can raise awareness, foster public debate, and lay the groundwork for future change.

4. How can I ensure my civil disobedience is proportionate? Carefully assess the severity of the injustice and the potential consequences of your actions. Consider the potential harm to others and the overall impact on society.

5. What if my interpretation of justice differs from others? Public reason requires attempting to articulate your position in a way that is understandable and persuasively argued to a broad audience, even those who may disagree. This process of reasoned discourse is vital to the success of civil disobedience within a Rawlsian framework.

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Is There a Rawlsian Duty to Engage in Civil Disobedience? In this paper I propose to carefully examine what Rawls has to say about political obligations and the natural duty of justice, and see what light I can shed on the question of an obligation or duty to engage in civil disobedience from a Rawlsian perspective.

Rawls and the Contract Theory of Civil Disobedience 1 Jan 2020 · This paper will examine a part of the system which has not yet received such close scrutiny — Rawls’ theory of political obligation in general and civil disobedience in particular. My main aim is to understand this theory, since there are crucial respects in which it is undeveloped.

Disaggregating Political Authority: What’s Wrong with Rawlsian Civil ... 6 Feb 2019 · John Rawls is a central figure in contemporary philosophical and theoretical discussions of civil disobedience, which hope to contribute to significant political debates around when and in which forms political dissent, protest and resistance are appropriate.

The Morality of Civil Disobedience in Rawls' Theory 16 Sep 2024 · We argue that the Rawlsian non-violence and fidelity to law requirements for civil disobedience create a moral limit for the dissenter. However, dissenters are obligated to resist the state when it attempts to suppress them from correcting injustices in the society forcibly.

Civil disobedience (Chapter 33) - The Cambridge Rawls Lexicon 5 Feb 2015 · Civil disobedience receives Rawls’s most careful and extended consideration in A Theory of Justice. It is there deined as “a public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government” (TJ 320).

3 - Liberalism: John Rawls and Ronald Dworkin A liberal theory of civil disobedience aims to address the following question: if social institutions are for the most part just, what should a citizen with a sense of justice do when confronted with an unjust law?

John Rawls Theory Of Civil Disobedience | ipl.org - Internet Public Library John Rawls develops civil disobedience as a way to fight against acts of injustice that occur in a nearly just society (Rawls, p. 363). Civil disobedience must be enacted to establish legitimate democratic authority, so it does not apply to other methods of protest such as military resistance (Rawls, p. 363).

Rawls and the Limits of Civil Disobedience - ResearchGate 1 Jan 2002 · This paper employs the critical and analytical techniques of philosophical reflection to present a moral justification for the use of non-violent civil disobedience by Kenyan citizens in...

Civil Disobedience - Stanford Encyclopedia of Philosophy 4 Jan 2007 · On the most widely accepted account, civil disobedience is a public, non-violent and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies (Rawls 1999, 320).

Session 1 Rawls, The Justification of Civil Disobedi What … Rawls argues that civil disobedience, if it is engaged in only when justified, will be a stabilizing force on society. Its aim is to make that society more just, and justice is a stabilizing influence. This thought informs his views about when civil disobedience is justified.

Civil Disobedience and the Legitimacy of the Actions 15 Sep 2024 · Rawls defines civil disobedience as a conscience-based, public, non-violent, politically motivated offence, which aims to bring about a change in the policies or laws of public authorities (Rawls 1972, p. 364). According to Rawls, civil obedience must also be guided by principles of justice.

John Rawls on Civil Disobedience Civil disobedience has been defined so that it falls between legal protest and the raising of test cases on the one side, and conscientious refusal and the various forms of resistance on the other. In this range of possibilities it stands for that form of dissent at the boundary of fidelity to law.

John Rawls on Civil Disobedience-The Embryo and Mature … In A Theory of Justice John Rawls the famous political philosopher in the 20th century devotes almost 30 pages to civil disobedience and conscientious refusal. Rarely discussed is a short article published two years before A Theory of Justice named The Justification of …

The Justification of Civil Disobedience - Social Science Library Rawls, John; Abstract: Here the author discusses the grounds of civil disobedience in a constitutional democracy. He comments on the conditions under which we may, by civil disobedience, properly oppose legally established democratic authority.

Civil Disobedience - Philosophic Status Today - Society, Justice, Rawls ... His Theory of Justice (1971) integrates civil disobedience into the liberal-contractarian philosophy of justice. It grounds civil disobedience in the two principles of Rawlsian justice—namely, those of equal basic liberty of the citizens and equality of opportunity.

John Rawls & Civil Disobedience: Is Violence Ever Permissible? 31 Jan 2023 · In his 1971 book A Theory of Justice, John Rawls argues that civil disobedience is only permissible as a means of effecting political change if it is non-violent.

John Rawls on Civil Disobedience - Studocu Rawls argues that civil disobedience, if it is engaged in only when justified, will be a stabilizing force on society. Its aim is to make that society more just, and justice is a stabilizing influence. This thought informs his views about when civil disobedience is justified.

The Missing Condition in John Rawls’ “The Justification of Civil ... 27 Dec 2022 · John Rawls’ foundational theory of civil disobedience outlines three conditions for justification: it is the last resort when other appeals have failed, there is clear and substantial injustice, and the agent engaging in civil disobedience is willing for …

Civil Disobedience - Stanford Encyclopedia of Philosophy 4 Jan 2007 · On the most widely accepted account of civil disobedience, famously defended by John Rawls (1971), civil disobedience is a public, non-violent and conscientious breach of law undertaken with the aim of bringing about a change in laws or government policies.

Civil Disobedience - SpringerLink 16 Nov 2022 · Civil disobedience refers to politically motivated law breaking that exhibits civility, conscientiousness, nonviolence, and publicity and expresses respect for – or fidelity to – law, typically through the acceptance of legal sanctions.