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constitutional interpretation critique essay
how is society effected by civil disobedience
Martin Luther King Jr.'s influence on the Civil Rights Movement
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Dr. Martin Luther King, Jr.'s Fight
Throughout history there have been times when citizens have had the need, as well as the responsibility, to violate certain societal rules/laws in order to protest against unjust treatment and bring about social or political change. It began as early as Socrates, who disobeyed an unjust decree against teaching his ideas, which led to his being condemned to death; Mahatma Gandhi’s fight against British rule over India; and Rosa Parks refusal to give up her seat on the city bus to make room for more white people, which led to her arrest, followed by the Montgomery Bus Boycott which ultimately led to the desegregation of public buses. The most famous of all cases, however, was the leader of the Civil Rights Movement, Dr. Martin Luther King, Jr. and his fight for civil rights for all people. Civil disobedience, though a purposeful violation of one or more of society’s laws, has been used successfully to communicate, as well as change, the unfair, unjust treatment of groups of people within a society.
Civil disobedience is morally justified when it is believed that laws or the interpretations of laws are in violation of the social contract between the government and any of its people. When the social contract is not honored, or an individual or groups rights have been violated, the “agreement” has been broken and therefore civil disobedience is morally justified as a means to express conviction and address an injustice that has been done. Civil disobedience is a non-violent refusal to obey civil laws that have proven to be unjust or unfair. People practicing civil disobedience, do so as a means to call attention to unjust treatment, hoping for change. When the social contract has been viol...
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...t for peace with violence, no matter what.
From the beginning, our country’s Constitution claimed that all men be equally treated; though it was interpreted to mean “all men be equally treated except for slaves and colored people” for a long time. This was one of our nation’s laws that had to be changed and in order to bring attention to the issue, other laws had to be broken. I don’t believe the change would have been made any other way, than through the act of civil disobedience, in which Dr. Martin Luther King, Jr. and his followers demonstrated so perfectly.
What they did was necessary, and yes, morally acceptable, in that it worked toward a much-needed change in our country; and it helped to bring out the true and intended meaning of our Pledge of Allegiance to our flag and to our country; which ends just as it should:
“With Liberty and Justice for All.”
Justice is often misconceived as injustice, and thus some essential matters that require more legal attentions than the others are neglected; ergo, some individuals aim to change that. The principles of civil disobedience, which are advocated in both “Civil Disobedience” by Henry David Thoreau and “Letter from Birmingham Jail” by Martin Luther King Jr. to the society, is present up to this time in the U.S. for that purpose.
Dr. Martin Luther King Jr. is a prime example of this act of disobedience, and said, “The end justifies the means, even though the means are regrettable.” He however did not question the legitimacy of the American government but rather the particular laws that he and others felt were unjust. The civil rights movement was started by Dr. King, in which he found that it would be against
Civil disobedience is being disobedient to certain laws in a peaceful, but active manner. So the person who commits civil disobedience must actively rejects to follow certain laws of government and peacefully accept the consequences. For example, Dr. Martin Luther King, Jr. is a typical example of modern civil disobedience. He actively rejected to follow
Civil Disobedience occurs when an individual or group of people are in violation of the law rather than a refusal of the system as a whole. There is evidence of civil disobedience dating back to the era after Jesus was born. Jesus followers broke the laws that went against their faith. An example of this is in Acts 4:19-20,”God told the church to preach the gospel, so they defied orders to keep quiet about Jesus,” In my opinion civil disobedience will always be needed in the world. The ability to identify with yourself and knowing right from wrong helps to explain my opinion. Often in society when civil
In our country’s history, Civil Disobedience has had positive effects upon legislation and societal norms. The First Amendment of the United States Constitution states five basic forms of expression that are to be protected by the government: Speech, Press, Assembly, Religion, and Petition. The Founders, in essence, created a means by which the average citizen can achieve political and social change. Justice William J. Brennan Jr. stated in 1989 that, “If there is a bedrock principle underlying the First Amendment, it is that government cannot prohibit the expression of an idea simply because the society finds the idea itself offensive or disagreeable.”* When citizens speak out or
The extremely simplified definition of civil disobedience given by Webster’s Dictionary is “nonviolent opposition to a law through refusal to comply with it, on grounds of conscience.”
In the Theory of Justice by John Rawls, he defines civil disobedience,” I shall begin by defining civil disobedience as a public, nonviolent, conscientious yet political act contrary to law usually done with the aim of bringing about a change in the law or policies of the government”.
The use of civil disobedience is a respectable way of protesting a governments rule. When someone believes that they are being forced into following unjust laws they should stand up for what they believe in no matter the consequences because it is not just one individual they are protesting for they are protesting for the well-being of a nation. Thoreau says ?to resist, the government, when its tyranny or its inefficiency are great and unendurable.? People should only let wrong and right be governed by what they believe not the people of the majority. The public should always stand for what is right, stand when they think a government is wrong, and trust in their moral beliefs.
The definition of civil disobedience is the refusal to obey certain laws or governmental demands for the purpose of influencing legislation or government policy, characterized by the employment of such nonviolent techniques as boycotting, picketing, therefore nonpayment of taxes. Civil Disobedience is a type of action that involves the public following an important figure trying to forewarn the authorities of the intended action they plan on bringing change to certain laws or government policies. Anyone who participates or encourages others in civil disobedience are willing to accept the legal consequences of their actions. Throughout history, civil disobedience has proved to be an important mechanism for social change furthermore has helped impact societies and governments. The Boston Tea Party, the U.S. Civil Rights Movement, the Suffragette Movement, led by leaders like Martin Luther King Jr. and Rosa Parks are all an example in acts of civil disobedience.
One reason people use civil disobedience is because of the government. When people use this type of disobedience they are trying to get society to accept the opposing view point (Starr, 1998). In this case the opposing view point is usually the protesters point of view. While this disobedience may be considered illegal, it's usually non-violent and the protesters or activist are willing to accept their punishment. The way they see it is that if the do get arrested, they're just one step closer to getting into court to challenge the constitutionality of the law (Suber, 1999). It even states, that in the Bill of Rights, if the government becomes unjust that it is the job of the people to retaliate and fix the government (Starr, 1998). One objection to civil disobedience is that it can't be justified in democracy because if the unjust laws are made by the legislature then they can be fixed by the legislature....
In today's society, laws are what keep society standing. But what happens when these laws are unjust? Do we follow these laws and hope for the best? No we fight and protest against these laws. History has shown us that anytime there are unjust laws or government the people will fight back; just as Martin Luther King Jr advocated for black Americans. Civil Disobedience has happened during women's rights movements and additionally happened during black rights movements. Civil disobedience is a staple of change.
Civil disobedience is a threat to our free society as one small example can snowball into a much larger issue within our society. Rosa Parks used civil disobedience in a very effective way but a bank robber could use civil disobedience to explain that he was gaining rights for the poor, much like Rosa Parks did for the African American community. The problem here lies in where can you draw the line with civil disobedience. You could argue that a good argument is needed to justify someone breaking a law, but any argument can be fabricated to expose only the good details that aid there side of the argument. Civil disobedience could even end up in murder where a person decides it is in the best interest of the community to eliminate a person preventing them from doing damage. However, they broke the law by
The actions of Martin Luther king Jr. was necessary to acquire a real change in American culture. To civil disobey is the active, professed refusal to obey certain laws, demands, and commands of a government or of any occupying international power. It also a symbolic violation of the law, rather then rejection of the system as a whole. Martin King Jr use this a nonviolent form of resistance to change a society for the better.
Throughout History, there are always laws and rules; however, these rules wouldn’t evolve and progress in a government if it weren’t for civil disobedience. Throughout the course of history, especially in democracies, civil disobedience has been used to change unright laws, and it gives people the freedom to stand for what they believe in. There are countless examples of people who protested and changed the world. In a way, it also lets people stay true to what they believe is right, whether it be for religious reasons or just because of their ethics. Civil Disobedience is, and always has been, a part of society; it is not only a part of government, but it is also necessary in a democracy where people have freedom of speech and other similar rights.
Civil disobedience is the refusal to obey civil laws in an effort to induce change in governmental policy or legislation, characterized by the use of passive resistance or other nonviolent means. The use of nonviolence runs throughout history however the fusion of organized mass struggle and nonviolence is relatively new.