ABSTRACT

This chapter suggests an unoriginal criterion for determining when disobedience of law is morally justified, one that refers to the probable consequences of the disobedient act. The major kinds of distinctions drawn among illegal acts by those who discuss disobedience can be broken into four broad inquiries: what damage is done to the interests of others; what is the purpose of disobedience; do the actors willingly accept punishment; under what form of government does the disobedience occur. The chapter discusses some of the distinctions within these major categories and their relevance to moral justification. A willingness to accept punishment is not always a condition of a morally justified act of disobedience. Disobedience may occur in any kind of society. Many commentators on civil disobedience have thought it relevant whether laws are made in a democratic way.