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Dworkin On Civil Disobedience
Thoreau's view of civil disobedience
Civil disobedience effects and society theory
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Recommended: Dworkin On Civil Disobedience
In Ronald Dworkin’s “Taking Rights Seriously,” he argues that the government cannot restrict the rights of individuals to do what they feel is morally right, as long as those individuals are willing to pay the legal consequences. In Henry David Thoreau’s “Civil Disobedience,” he argues that men must always do what they think is right, especially when they think an aspect of government is not working. These arguments advocate civil disobedience in order to uphold one’s morals, but each has flaws regarding the relationship between the individual and society that must be fixed before the theories can be applied to society as a whole.
Dworkin begins with the assumption that the government does not establish or guarantee moral rights, and that people have more rights than what the government offers. He states that in the case of one trying to uphold a moral right by breaking a law, there are normally two sides that judge the act: conservatives, and liberals. Conservatives will more likely lean toward obedience to the law, and liberals are more sympathetic to the disobedient. Dworkin argues that both ultimately have the same viewpoint: men must follow their conscience, and if doing so breaks the law, then they must accept the consequences and submit to the judgment of the State. In other words, “…men have a duty to obey the law but have the right to follow their conscience when it conflicts with that duty”#.
He distinguishes between using “right” as a noun or as an adjective- one may have the “right” or prerogative, to act a certain way, but they may not be “right,” or justified, in acting that way. The government must understand this when creating legal rights; one may have the moral prerogative in their behavior, but the governmen...
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...l be made due to bickering over small aspects of their beliefs. But if individuals of a minority come together and decide on a general argument, they will be more likely to gain support and be more effective in making change happen.
Both authors make claims about the duty of men to follow their conscience when they are at odds with the government. But each underestimates the power of a group versus the power of an individual. Without a change in society, there can be no lasting change. Individuals can definitely inspire and motivate others to act, but in the end, there must be a large-scale action in order for rights to be won.
Works Cited
Ronald Dworkin, Taking Rights Seriously, (Cambridge: Harvard University Press, 1978) 187.
Henry David Thoreau, “Civil Disobedience,” in Walden and Other Writings (United States of America: Barnes and Noble, 1993) 279.
Henry David Thoreau and Martin Luther King, in “Civil Disobedience” and “Letter from Birmingham Jail,” respectively, both conjure a definitive argument on the rights of insubordination during specified epochs of societal injustice. Thoreau, in his enduring contemplation of life and its purpose, insightfully analyzes the conflicting relationship between the government and the people it governs. He considerately evokes the notion that the majority of people are restrained by the government and society from making decisions with consideration of their conscience and that people need to overcome the reign of the government to realize their own ethics and morals. King, in accordance, eloquently and passionately contends the injustice presented in the unfair treatment of and the discriminatory attitude towards Blacks. Even though, Thoreau successfully accentuates his main concerns in his argument, his effectiveness in persuasion—appeals, conclusion, and practical application—pales in comparison to that of King’s.
...is issue. As discussed earlier, his command theory of law mainly claims that the normativity of law is entirely a matter of law’s coerciveness. His theory has been superseded views such as those of Hart. Hart took pains to distinguish, as well as relate, law’s coercive- ness and its normativity. “Both the distinction and the relationship are expressed in the locution “norms backed by sanctions”: law’s normativity in this view must be understood independently of and in contrast to its coerciveness. Normativity is a matter of voluntary obedience; it invokes and relies on people’s disposition, whose nature and sources may vary, to follow legal rules. Coercion and normativity are portrayed as two separate but complementary strategies that the law employs to secure the individual conduct that it desires. The idea of a norm backed by a sanction is not unique to law”.
Jacobus, Lee A. Henry David Thoreau. "Civil Disobedience." A World Of Ideas: essential readings for college writers. Bedford/St. Martin's, 2002. 141-167
When it comes to civil rights, there are two pieces of literature commonly discussed. One of these pieces is Henry David Thoreau’s persuasive lecture On the Duty of Civil Disobedience. In this work, Thoreau discusses how one must combat the government with disobedience of unjust laws and positive friction to create change. The second piece is the commonly known article Letter From a Birmingham Jail by Martin Luther King Jr.
There are times throughout the history of the United States when its citizens have felt the need to revolt against the government. Two such cases occurred during the time of Dr. Martin Luther King Jr. and Henry David Thoreau. Both men courageously confronted the mighty us government; both spent time in jail as a result of their defiant actions; both men stood for a belief in a better future, and both presented their dreams through non-violent protest and civil disobedience. The similarities in their course of action are undeniable, but each man used different terms on which they based their arguments. Martin Luther King Junior's appeal through the human conscience, and Henry Thoreau's excellent use of patriotism, present similar issues in very dissimilar ways.
In a democracy, people choose representatives to lead and govern. However, these representatives might take unpopular steps. In such instances, the people may show their disapproval of a policy and vent their grievances through acts of civil disobedience. Henry Thoreau said, “It is not desirable to cultivate a respect for the law, so much as for the right.” It is both the right and responsibility of a person to fight an unjust law, and civil disobedience allows one to convey his thoughts and ideas in a passive, nonviolent way.
Thoreau, Henry David. Walden and Civil Disobedience. New York: W. Norton & Company, Inc, 1966.
In the past in this country, Thoreau wrote an essay on Civil disobedience saying that people make the law and have a right to disobey unjust laws, to try and get those laws changed.
History has encountered many different individuals whom have each impacted the 21 in one way or another; two important men whom have revolted against the government in order to achieve justice are Henry David Thoreau and Martin Luther King Jr. Both men impacted numerous individuals with their powerful words, their words carried the ability to inspire both men and women to do right by their morality and not follow unjust laws. “On the Duty of Civil Disobedience” by David Henry Thoreau along with King’s “Letter from Birmingham Jail”, allow the audience to understand what it means to protest for what is moral.
Henry David Thoreau (1817-1862) was a philosopher and writer who is well known for his criticism of the American government during the time. During Thoreau’s life, there were two major issues being debated in the United States: slavery and the Mexican-American War. Both issues greatly influenced his essay, as he actually practiced civil disobedience in his own life by refusing to pay taxes in protest of the Mexican War. He states that the government should be based on conscience and that citizens should refuse to follow the law and have the duty not to participate and stay as a member of an unjust institution like the government. I argue that the notion of individualism and skepticism toward government is essential to the basis of many important reform movements in the modern society.
Fromm, Erich. "Disobedience as a Psychological and Moral Problem." Writing and Reading for ACP Composition. Upper Saddle River: Pearson Custom, 2009. 258-63. Print.
Martin Luther King and Henry David Thoreau each write exemplary persuasive essays that depict social injustice and discuss civil disobedience, which is the refusal to comply with the law in order to prove a point. In his “Letter from a Birmingham Jail,” King speaks to a specific audience: the African Americans, and discusses why he feels they should bring an end to segregation. Thoreau on the other hand, in “Civil Disobedience,” speaks to a broader, non-addressed audience as he largely expresses his feelings towards what he feels is an unjust government. Both essays however, focus on the mutual topics of morality and justice and use these topics to inform and motivate their audience to, at times, defy the government in order to establish the necessary justice.
Ordinary people are willing to go against their own decision of right and wrong to fulfill the request of an authoritative figure, even at the expense of their own moral judgment and sense of what is right and wrong. Using a variety of online resources including The Perils of Obedience by Stanley Milgram this paper attempts to prove this claim.
In his famous essay, “Letter from Birmingham Jail,’’ Martin Luther King, Jr. cites conscience as a guide to obeying just laws and defying unjust laws. In the same way, Henry David Thoreau wrote in his famous essay, “Civil Disobedience,” that people should do what their conscience tells them and not obey unjust laws. The positions of the two writers are very close; they use a common theme of conscience, and they use a similar rhetorical appeal of ethos.
There has been a long-established controversy over the duty of a citizen in a democracy, on which the Athenian philosopher, Socrates, and the American writer, Henry David Thoreau, had their own thoughts. Both philosophers had varying views on numerous subjects relating to government and conscience. Should the citizen obey all laws, even unjust ones? Or, should they rebel for the sake of doing what is right? Democracy is ruled by the people, for the people. In both Socrates’ time, and Thoreau’s, the question remains on whether this was, in practice, true. The two iconic philosophers’ opinions regarding the duty of the citizen in a democracy, the role of conscience, and the importance of nonviolent resistance, still influence people to this day. Their views augment the understanding people have of the current democracy, how consciences deal with right and wrong, and roles as citizens questioning every issue. Philosophy is often ingrained in the history, politics, and the environment