Oxford Legal Philosophy publishes the best new work in
philosophically-oriented legal theory. It commissions and solicits
monographs in all branches of the subject, including works on
philosophical issues in all areas of public and private law, and in
the national, transnational, and international realms; studies of
the nature of law, legal institutions, and legal reasoning;
treatments of problems in political morality as they bear on law;
and explorations in the nature and development of legal philosophy
itself. The series represents diverse traditions of thought but
always with an emphasis on rigour and originality. It sets the
standard in contemporary jurisprudence. This book shows that civil
disobedience is generally more defensible than private
conscientious objection. Part I explores the morality of conviction
and conscience. Each of these concepts informs a distinct argument
for civil disobedience. The conviction argument begins with the
communicative principle of conscientiousness (CPC). According to
the CPC, having a conscientious moral conviction means not just
acting consistently with our beliefs and judging ourselves and
others by a common moral standard. It also means not seeking to
evade the consequences of our beliefs and being willing to
communicate them to others. The conviction argument shows that, as
a constrained, communicative practice, civil disobedience has a
better claim than private objection does to the protections that
liberal societies give to conscientious dissent. This view reverses
the standard liberal picture which sees private 'conscientious'
objection as a modest act of personal belief and civil disobedience
as a strategic, undemocratic act whose costs are only sometimes
worth bearing. The conscience argument is narrower and shows that
genuinely morally responsive civil disobedience honours the best of
our moral responsibilities and is protected by a duty-based moral
right of conscience. Part II translates the conviction argument and
conscience argument into two legal defences. The first is a
demands-of-conviction defence. The second is a necessity defence.
Both of these defences apply more readily to civil disobedience
than to private disobedience. Part II also examines lawful
punishment, showing that, even when punishment is justifiable,
civil disobedients have a moral right not to be punished.
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