NCJ Number
121689
Date Published
1989
Length
15 pages
Annotation
This analysis of the nature of civil disobedience distinguishes between it and conscientious refusal and examines its role in a constitutional system.
Abstract
Civil disobedience is a public, nonviolent, conscientious yet political act contrary to law, usually aimed at bringing about a change of the law or government policy. In contrast, conscientious refusal is noncompliance with a more or less direct legal injunction or administrative order. Civil disobedience must be limited to instances of substantial and clear injustice and must occur only after the legal means of redress have proved futile. However, if too widely used, it can lead to serious disorder and thus should be used with restraint. Thus, in a democratic society in which the principles of justice are generally recognized as the basis for cooperation among equals, civil disobedience represents a special way of appealing to the electorate and, if used appropriately, does not present the danger of anarchy. 17 reference notes.