The communicative aspects of civil disobedience and lawful punishment

@article{Brownlee2007TheCA,
  title={The communicative aspects of civil disobedience and lawful punishment},
  author={Kimberley Brownlee},
  journal={Criminal Law and Philosophy},
  year={2007},
  volume={1},
  pages={179-192}
}
  • K. Brownlee
  • Published 5 February 2007
  • Law
  • Criminal Law and Philosophy
A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in… 
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References

SHOWING 1-10 OF 19 REFERENCES
Features of a Paradigm Case of Civil Disobedience
The purpose of this paper is not to define civil disobedience, but to identify a paradigm case of civil disobedience and the features exemplified in it. After noting the benefits of this
The Authority of Law: Essays on Law and Morality
This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a
Conflicts of Law and Morality
This book deals with the issue of conscientious law-breaking - those instances in which individuals believe they have good moral reasons for breaking a particular law. This study is a comprehensive
Punishment, Communication, and Community
The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of
Punishment and Repentance
In philosophical writings, the practice of punishment standardly features as a terrain over which comprehensive moral theories—in the main, versions of ‘consequentialism’ and ‘deontology’—have fought
Ethics in the Public Domain: Essays in the Morality of Law and Politics
Part 1 The ethics of well-being - political implications: duties of well-being rights and individual well-being facing diversity - the case of epistemic abstinence liberalism, scepticism and
The Ethics of Deference: Learning from Law's Morals
The turn to normative models of law in recent years has led to a fashionable, but curious, view about the nature of law. This view maintains that legal systems are essentially characterized by claims
A reader on punishment
1. Thinking about Punishment 2. Marxism and retribution 3. The Expressive Function of Punishment 4. A Paternalistic Theory of Punishment 5. Censure and Proportionality 6. Proportionality, Parsimony,
Proportionate Sentencing: Exploring the Principles
1. Introduction: The Scope of this Book 2. The Justification for Punishment's Existence: Censure and Prevention 3. Proportionate Sentences for Juvenile Offenders 4. Extending Sentences for Dangerous
The Oxford handbook of jurisprudence and philosophy of law
1. Natural Law: The Classical Theory 2. Natural Law: The Modern Tradition 3. Exclusive Legal Positivism 4. Inclusive Legal Positivism 5. Formalism 6. Adjudication 7. Constitutional and Statutory
...
1
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