Download E-books Conscience and Conviction: The Case for Civil Disobedience (Oxford Legal Philosophy) PDF

By Kimberley Brownlee

Oxford felony Philosophy publishes the simplest new paintings in philosophically-oriented criminal concept. It commissions and solicits monographs in all branches of the topic, together with works on philosophical matters in all components of private and non-private legislations, and within the nationwide, transnational, and foreign geographical regions; experiences of the character of legislations, criminal associations, and criminal reasoning; remedies of difficulties in political morality as they undergo on legislation; and explorations within the nature and improvement of felony philosophy itself. The sequence represents various traditions of suggestion yet consistently with an emphasis on rigor and originality. It units the normal in modern jurisprudence.

This e-book exhibits that civil disobedience is mostly extra defensible than deepest conscientious objection.

Part I explores the morality of conviction and sense of right and wrong. each one of those ideas informs a unique argument for civil disobedience. The conviction argument starts off with the communicative precept of conscientiousness (CPC). in line with the CPC, having a conscientious ethical conviction capacity not only performing continuously with our ideals and judging ourselves and others via a standard ethical average. It additionally ability no longer looking to ward off the results of our ideals and being keen to speak them to others. The conviction argument exhibits that, as a restricted, communicative perform, civil disobedience has a greater declare than deepest objection does to the protections that liberal societies provide to conscientious dissent. This view reverses the normal liberal photo which sees deepest 'conscientious' objection as a modest act of non-public trust and civil disobedience as a strategic, undemocratic act whose bills are just occasionally worthy bearing.

The moral sense argument is narrower and exhibits that surely morally responsive civil disobedience honors the simplest of our ethical duties and is safe by way of a duty-based ethical correct of conscience.

Part II interprets the conviction argument and judgment of right and wrong argument into felony defenses. the 1st is a demands-of-conviction safety. the second one is a need security. either one of those defenses practice extra with ease to civil disobedience than to non-public disobedience. half II additionally examines lawful punishment, displaying that, even if punishment is justifiable, civil disobedients have an ethical correct to not be punished.

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