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Academic
: Legal Theory Blogvan der Burg on Civil Disobedience
By Lawrence Solum
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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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