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Law and Philosophy$
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Michael Freeman and Ross Harrison

Print publication date: 2007

Print ISBN-13: 9780199237159

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199237159.001.0001

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Protest and Punishment: The Dialogue between Civil Disobedients and the Law

Protest and Punishment: The Dialogue between Civil Disobedients and the Law

Chapter:
(p.255) 14 Protest and Punishment: The Dialogue between Civil Disobedients and the Law
Source:
Law and Philosophy
Author(s):

Kimberley Brownlee

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199237159.003.0014

This chapter examines the nature of the moral dialogue which purportedly occurs between disobedients and the law as well as the kinds of responses that a genuine dialogue would permit from each party. It argues that the justified response by each to the other cannot be determined solely on the basis of deserved censure. To be justified in communicating censure through punishment or through civil disobedience, authorities and dissenters respectively must not simply have good grounds for condemnation and a legitimate motivation, but also accommodate concerns of charity or good will, restoration, and the prevention of further wrongdoing. The chapter concludes by examining some ways in which the analogy between lawful punishment and civil disobedience might break down.

Keywords:   moral dialogue, punishment, civil disobedience, justified censure, protest

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