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0 pointsjessriedel6y ago0 comments

Yes, civil disobedience means you believe the specific law itself is wrong, but not the law-making process. The justness of the law-making process is why the classic method of practicing civil disobedience involves accepting the punishment. MLK:

> In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

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dragonwriter6y ago

> Yes, civil disobedience means you believe the specific law itself is wrong, but not the law-making process.

The US Civil Rights movement generally practiced civil disobedience because the views the laws, the law making process, and the process of selecting who could even participate in the law making process as unacceptable.

The key assumption was that enough of the people who could participate in that process were nevertheless moral enough to reform all of those aspecta given a vivid enough demonstration that they could not turn away from of the top-to-bottom injustice of the system.

I don't think Assange was engaging in civil disobedience, nor do I think he would have been justified if he were, but doing so does not and never has relied on faith in the justice of the existing law-making process any more than it does in the law being violated itself.

jessriedelOP6y ago

> The US Civil Rights movement generally practiced civil disobedience because the views the laws, the law making process, and the process of selecting who could even participate in the law making process as unacceptable.

This is conflating two aspects of the civil rights movement. It's of course true that there were also objections to the law-making process. But the segregationist laws would be unjust (and hence require violating under MLK's civil disobedience) even if the law-making process perfectly reflected the majority will of the people. It's this latter point that is relevant to INGELRII's comment.

> I don't think Assange was engaging in civil disobedience, nor do I think he would have been justified if he were, but doing so does not and never has relied on faith in the justice of the existing law-making process any more than it does in the law being violated itself.

If the law-making process is illegitimate (e.g., if there is a dictator), then no one thinks you have a moral duty (in the deontological sense) to obey the laws, nor to accept the consequences for breaking them. It's only the situation where the law-making process is legitimate -- reflecting the immoral will of the majority -- where the question comes up of whether (1) you can morally violate the unjust law and (2) whether you are duty-bound to accept the resulting punishment.