Civil Disobedience

In A Theory of Justice (1971), Rawls distinguishes between the following:

(a) Militant Action

(b) Civil Disobedience

(c) Conscientious Objection

(d) Test for Unconstitutionality

(e) Legal Protest

There are important differences between each. These differences can be brought out by considering (b) and contrasting it with the others.

What is Civil Disobedience?

Rawls does not say that it is possible to practice civil disobedience in every society. The society he has in mind is one that is "nearly just" and "well-ordered" but that has some injustices.

For an act to be an act of civil disobedience, it must at least meet seven conditions. It must be an act such that it is:

(1) An intentional act of breaking some law that is accepted as a law (but not necessarily the law that is considered unjust  -- there may be "indirect" as well as "direct" civil disobedience)

(not (d) & not (e))

(2) Public act                         

(not (a) & not (c))

(3) Nonviolent act                 

(not (a))

(4) Political act, i.e. not based solely on self-interest, religious belief, or "personal morals", but on principles of justice

(not (a) (?) & not (c))

(5) Act that has the end of changing a law or some policy related to a law

(not (d)? & not (c))

(6) Act that addresses the common sense of justice of the society

(not (a) & not (c))

(7) Act that expresses fidelity to the law (hence those who perform the act accept punishment if sentenced to it)

(not (a))

When may Civil Disobedience be used?

It is permissible to practice civil disobedience when:

(1) There is substantial and clear injustice

(2) It is a last resort (normally; in special circumstances it does not have to be)

(3) It will not lead to a breakdown in respect for the law

(4) Innocents will not be injured

(5) There is a chance of success in changing the law or policy

What is the Function of Civil Disobedience?

Civil disobedience is "one of the stabilizing devices of a constitutional system" and, although illegal, it "supplements the purely legal conception of constitutional democracy".

Can only practice Civil Disobedience in the case of Genuine Law

Civil Disobedience is premised on breaking a law that is accepted to be a law. If the person or group does not believe the law to be a law, either because she/they accepts Natural Law Theory (where a 'law' that is inconsistent with Natural Law is in fact "no law at all" (Augustine)), or because the Supreme Court has already ruled the 'law' to be unconstitutional (and hence it is not law), then they are not practicing Civil Disobedience, since there is no law to break.