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The term civil disobedience refers to a deliberate offense against authority committed openly to protest an unjust, arbitrary, cruel, pointless or immoral law or policy of the government. 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 that the individual is morally bound to disobey some 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. Civil disobedience is lawbreaking from certain motives only and in certain circumstances only. Street crimes such as robbery, burglary, murder, and rape, although they are instances of deliberate lawbreaking, are not instances of civil disobedience. These kinds of crimes are committed from motives such as personal gain and malice. Their specific intent is to harm the interests of others. The civil disobedient, 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: 368). The important defining elements of civil disobedience in this definition are “public,” “nonviolent,” “deliberate unlawfulness” and “conscientious.”

A Public Act

Civil disobedience refers to action that is of a public, 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 as much publicity and attention 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 civil disobedient engages in a kind of resistance within the accepted political structure, a violation of the law without loss of respect for law and the 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. The civil disobedient wants the act to be nonviolent so as to convince the majority of his or her fellow citizens that the act is indeed conscientious and sincere and that the act is intended to address what he or she perceives as an injustice or wrong.

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