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Unformatted text preview: of freedom into the struggle for liberation was civil disobedience. The act of disobeying the authority of the state allows there to come briefly into existence a zone of genuine freedom. In everyday life the forces of repression are omnipresent but veiled. Civil disobedience is the reagent that precipitates those repressive forces out of the formless fluidity of our humdrum existence. It compels them to array themselves against us and in so doing to take up a definable space. Once that space was denned, we could stand outside it. Where one stands at the moment of confrontation (the segregated lunch counter; the road to the recruiting center; facing the snapping dogs, the cops thumping their nightsticks, the curses) is liberated territory. Freedom blossoms at the point of confrontation because there the forces of repression take off their mask. THE CONSEQUENCES OF CIVIL DISOBEDIENCE ARE THE FAULT OF THE INJUSTICE John Rawls, The Justification of Civil Disobedience, COLLECTED PAPERS BY JOHN RAWLS, 1969, pg 184 There is no danger of anarchy as long as there is a sufficient working agreement in men s conceptions of political justice and what it requires. That men can achieve such an understanding when the essential political liberties are maintained is the assumption implicit in democratic institutions. There is no way to avoid entirely the risk of divisive strife. But if legitimate civil disobedience seems to threaten civil peace, the responsibility falls not so much on those who protest as upon those whose abuse of authority and power justifies such opposition. SLHS Value File Civil Disobedience Bad
CIVIL DISOBEDIENCE SHOULD BE PUNISHED WHEN IT INFLICTS HARM Kaarin L. Axelsen, J.D., "Note: Problems of Punitive Damages for Political Protest and Civil Disobedience," ENVIRONMENTAL LAW, Spring 1995 Although only briefly discussed in the majority opinion, the court apparently reasoned that even if the instruction allowed the jury to consider motive and beliefs in assessing punitive damages for otherwise unlawful conduct, this form of indirect regulation of expression was consistent with the First Amendment under Wisconsin v. M...
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- Fall '13