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Civil disobedience is a deliberate offense against authority committed openly to protest what is felt to be an unjust, arbitrary, cruel, pointless, or immoral law or government policy. It rests on the assumption that moral law should prevail over civil law, that there is a higher duty or higher cause than civil authority. Proponents of civil disobedience often state that the individual is the ultimate source of authority and is sometimes morally bound to disobey a law or policy, for not to do so would betray the dictates of conscience.

Civil disobedience, however, does not refer to just any kind of deliberate violation of valid penal law or government policy. Breaking the law is civil disobedience only when it is done from certain motives, and only in certain circumstances. Although street crimes such as robbery, burglary, murder, and rape are instances of deliberate law breaking, they are not instances of civil disobedience. These kinds of crimes are committed from motives such as personal gain and malice, without regard for the welfare of others and, in some cases, with a deliberate attempt to harm the interests of others. The person engaging in civil disobedience, on the other hand, is not interested in private or personal gain; rather, the purpose of civil disobedience is to protest an injustice or a wrong.

Defining Elements

Philosopher John Rawls formally defines civil disobedience as “a public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government”” (Rawls 1971, p. 368). The important defining elements of civil disobedience in this definition are that the act be public, nonviolent, deliberate unlawfulness and conscientious.

A Public Act

Civil disobedience refers to action that is of a public and political nature. In that regard, acts of disobedience to family and school do not qualify as acts of civil disobedience. Rather, in engaging in openly announced defiance of particular laws or customs, the activist is interested in demonstrating that he or she is withholding allegiance from the state until its alleged abuses are corrected. In addition, civil disobedience is often engaged in with prior notice as well as openly, since the protestor wants to attract as much publicity as possible so as to draw attention to the injustice or wrong that is the subject of the protestor's acts.

A Nonviolent Act

Civil disobedience contrasts with acts of warfare against the state, such as assassination, sabotage, terrorism, riot, insurrection, and revolution. The person engaging in civil disobedience practices a kind of resistance within the accepted political structure, a violation of the law without loss of respect for law and other basic political institutions. Civil disobedience tends to be nonviolent for the simple reason that injury to others, harm to property, and other violent acts are likely to be self-defeating. Violent acts can obscure the protestor's message and distract public attention from what is important. Civil disobedients want their acts to be nonviolent so that they can convince the majority of their fellow citizens that those acts are indeed conscientious and sincere and that the acts are intended to address a perceived injustice or wrong.

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