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Evaluation of Dworkin's and Habermas's Strategy to Civil Disobedience Essay

Assignment id 1010947
Discipline Other
Assignment type Essay
Words 3423
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Evaluation of Dworkin's and Habermas's Approach to Civil Disobedience The next essay will attempt to evaluate the strategy accepted by Dworkin and Habermas in their views of civil disobedience. The two chief parts of literature known to will be Dworkin?s paper on 'Civil Disobedience and Atomic Protest?' And Habermas's newspaper on 'Civil Disobedience: Litmus Test for the Democratic Constitutional State.' An outline of both Dworkin's and Habermas's approach will be awarded, additional discussion will then concentrate on a reflective assessment of those approaches. Primarily though, it might be well worth commenting on civil disobedience in a more general context. Many would agree that civil disobedience is a 'critical and protected form of political communication in modern constitutional democracies' and farther the 'civil disobedience has a valid if informal place from the political culture of the area.' Civil disobedience can basically be divided up to two approaches, either deliberately violating the law and thus incurring arrest (persuasive), or employing the power of these masses to earn prosecution too costly to pursue (non persuasive). Dworkin takes a categorical approach to civil disobedience, by breaking it down into a number of distinct types then applying specific conditions to every type to evaluate wether that the disobedience ought to be permitted or not. He says that there are three distinct varieties of disobedience based on the motives behind the actions. These are integrity based, justice policy and based based civil disobedience. Briefly, ethics based disobedience is prompted when the law requires people to do something that goes against their own integrity and is typically a matter of urgency. Dworkin provides an instance of this since the Northern American citizen that covertly harbours and lands slaves from the Southern taxpayers in violation of the Fugitive Slave Act. # The second type of disobedience, citizenship predicated, is motivated by a peoples want to oppose unjust policy at the hopes of reversing the coverage, for instance the civilian demonstration concerning the war in Iraq recently. Thirdly, policy based disobedience is a bit different to the first two in that it is usually triggered by minority groups who believe a policy is dangerously unwise. As Dworkin puts it ? They think they know what is in the majority?s own pursuits. ? Given these three types of disobedie...

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