Jump to ContentJump to Main Navigation
Conscience and ConvictionThe Case for Civil Disobedience$
Users without a subscription are not able to see the full content.

Kimberley Brownlee

Print publication date: 2012

Print ISBN-13: 9780199592944

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199592944.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 11 December 2018

Demands-of-Conviction Defence

Demands-of-Conviction Defence

Chapter:
(p.155) 5 Demands-of-Conviction Defence
Source:
Conscience and Conviction
Author(s):

Kimberley Brownlee

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592944.003.0006

This chapter argues that there should be a recognized legal excuse for conviction-driven disobedience of the law. This excusatory defence is premised upon respect for personal autonomy and psychological integrity. Given the communicative, non-evasive nature of true conviction, this legal excuse applies more readily to civil disobedience than to personal disobedience. Recognition of the defence would allow society to honour the links between autonomy, psychological integrity, and conscientiousness by not requiring us either always to give priority to the law over our deep commitments or always to remain surreptitious and self-censoring in our efforts to dissociate from laws we oppose. The chapter responds to two objections to this legal defence for civil disobedience, which are the strategic action problem and the democracy problem.

Keywords:   conviction, legal excuse, autonomy, psychological integrity, democracy

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .