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Academic

: Legal Theory Blog

van der Burg on Civil Disobedience

By Lawrence Solum

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Wibren van der Burg (Erasmus University Rotterdam- School of Law) has posted The Myth of Civil Disobedience on SSRN. Here is the abstract:
    This paper critiques the 'ruling' Rawlsian theory of civil disobedience. The theory is rejected because of its irrelevant and/or unsound assumption of a 'social contract'. Instead, an approach must be taken which does not assume one general political obligation. A more appropriate model is one which asserts the (possibility) and existence of various conditional reasons for obedience. Precisely these various reasons are critically analysed in this paper. In a final section this alternate approach is applied to disobedience performed by government officials and politicians.

Full post as published by Legal Theory Blog on September 03, 2010 (boomark / email).

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