Rawls Civil Disobedience

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.

Search Results:

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.

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. …

Rawls and the Morality of Civil Disobedience - London Academic … In Rawls’ estimation, civil disobedience is morally permissible when the state refuses to honour conditions of social cooperation by enacting laws or policies that violate citizens’ rights to …

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 …

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. …

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 …

Rawls and the Morality of Civil Disobedience | Humanities Bulletin 25 Aug 2022 · This paper offers an interpretation of Rawls’ theory of civil disobedience that highlights his appeal to potential dissents’moral dispositions. We argue that the Rawlsian non …

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 …

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 …

Rawls Civil Disobedience

Rawls's Civil Disobedience: A Simplified Explanation

1. Rawls's Theory of Justice: The Foundation

2. When is Civil Disobedience Justified?

3. The Role of Public Reason

4. Civil Disobedience and the Well-Ordered Society

5. Example: The Civil Rights Movement

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