What then of the opponents
of civil disobedience? Perhaps the earliest example of a condemnation
of a civil disobedience is to be found in Plato's chronicle
of the discussion between Socrates and Crito. Although Socrates
had been sentenced to death he refused to escape his native
Athens as he believed this would be damaging to the very constitution
itself,
"Do you imagine that a city can continue
to exist and not be turned upside down, if the legal judgments
which are pronounced in it have no force but are nullified
and destroyed by private persons?" (Socrates to Crito,
Plato, 1969, pp21-22).
This view, perhaps paranoid, definitely expresses
reservations in the strength of a democratic framework.
In more modern, and infinitely more developed,
democratic states, there are two basic arguments against civil
disobedience (Goodwin, 1992, p321). The first point is concerned
with the notion that an individual has consented to majority
rule under a democracy, and is therefore subject to all majority
decisions; this is ultimately a product of ‘social contract'
theory. The second argument relies on a belief that a democracy
provides adequate opportunities to change majority views,
and as a result there can be be no justification for any form
of protest outwith the scope of this democratic framework.
Again, we see here in these theories opposed
to civil disobedience, a pre-suppostion that a liberal democratic
society is the only pure and superior form of existence. Perhaps
the insistence that all attempts to enact change must be conducted
within the democratic rules of engagement (of which, according
to its opponents, civil disobedience is definitely not) is
to insist that the contest must take place under one teams
own rules, and on their own territory. As discussed above,
Thoreau believed the individual to be both ‘higher'
and ‘independent' of the state, and an old chestnut
again rears its head here - who amongst us has actually signed
a ‘social contract'? This reply to the above arguments
may be somewhat crude and ideologically unsound. However,
by far the strongest flaw in the view that the democratic
system must not be jeopardised or bypassed is the paradox
that democracy, in providing the very means to address the
majority when searching for support, should be cohesive enough
to allow such deviance,
"the practical case for accepting the
right to protest rests on the view that a democratic society
is strong enough to absorb dissent" (Goodwin, 1992,
p326).
Is there then any real grounds against civil
disobedience, if the very system claimed to be under threat
is simultaneously championing itself as the fairest and strongest
method of governance?
The underlying justification for any form
of civil disobedience would then appear to be a belief that
the individual (be they part of a group, which may be a minority
or a majority) is themselves sovereign, as opposed to being
subject to another. Thoreau's belief that the individual as
higher and independent, indeed the general anarchist view
that no-one has any rightful authority over another, is perhaps
the best articulation of this, and although criticised above
for failing to consider any moral justifications, even Rawls
upholds this view,
"each person must decide for themselves
whether the circumstances justify civil disobedience"
(Rawls, 1971, p120).
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