The communicative aspects of civil disobedience and lawful punishment

  title={The communicative aspects of civil disobedience and lawful punishment},
  author={Kimberley Brownlee},
  journal={Criminal Law and Philosophy},
  • 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… 
Policing Civil Disobedience
Civil disobedience is a public, non-violent and conscientious infringement of law carried out to express opposition to law and policy. The normative literature provides thorough treatments of several
Civil Disobedience – Not a Crime but a Punishable Political Action
The article argues that civil disobedience must be perceived as an action with progressive and political significance, thus reflecting, from a Kantian perspective, the recognizable paradox between
Civil Disobedience – Not a Crime but a Punishable Political Action
The article argues that civil disobedience must be perceived as an action with progressive and political significance, thus reflecting, from a Kantian perspective, the recognizable paradox between
Reframing civil disobedience as a communicative action
Purpose Civil disobedience is often defined as a public, conscientious, nonviolent act of breaking the law in an attempt to change an unjust policy or law. When applied to real-life situations, this
Disruptive Disobedience
This article addresses a neglected class of cases of civic resistance involving the anonymous and covert disruption of institutions and practices. Such cases have become more commonplace in the first
Reclaiming the Revolutionary Spirit
This article examines Hannah Arendt’s bold and provocative proposal to institutionalize civil disobedience. First, I argue that the proposal follows from Arendt’s peculiar interpretation of this mode
Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties
An analysis and normative evaluation of two cases of disobedience to the law, namely healthcare professionals refusing to attend work as a protest against unsafe working conditions and citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown, concludes that only the case of healthcare professionals qualifies as morally justified civil disobedience.
Charting Dissent: Whistleblowing, Civil Disobedience, and Conscientious Objection
How should one qualify political whistleblowing within a democratic system, governed by the rule of law? Whistleblowing is often considered a form of principled, sometimes even democratic dissent. In
Communicative sentencing : exploring the perceptions of young offenders in the community
The purpose of this thesis is to investigate young offenders’ first-hand views of community punishment within the context of the extant literature on communicative theories of sentencing. Fuelled by
Rehabilitating Self-Sacrifice: Care Ethics and the Politics of Resistance
ABSTRACT How should feminists view acts of self-sacrifice performed by women? According to a long-standing critique of care ethics such acts ought to be viewed with scepticism. Care ethics, it is


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