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W. Scheuerman (2018)
A duty to resist: When disobedience should be uncivilContemporary Political Theory, 19
Candice Delmas (2014)
Samaritanism and Civil DisobedienceRes Publica, 20
Piero Moraro (2018)
On (Not) Accepting the Punishment for Civil DisobedienceThe Philosophical Quarterly, 68
C. Néill (2014)
Conscience and Conviction: The Case for Civil DisobedienceMedical Law Review, 23
John Rawls (1971)
A Theory of JusticePrinceton Readings in Political Thought
S. Kutler, S. Campbell (1971)
The Slave Catchers: Enforcement of the Fugitive Slave LawAmerican Journal of Legal History, 15
Andrew Sabl (2001)
Looking Forward to Justice: Rawlsian Civil Disobedience and its Non‐Rawlsian LessonsJournal of Political Philosophy, 9
C. Wellman (2001)
Toward a Liberal Theory of Political Obligation*Ethics, 111
William Smith (2015)
Civil Disobedience and Deliberative Democracy
Cécile Fabre (2002)
Good samaritanism: A matter of justiceCritical Review of International Social and Political Philosophy, 5
David Lefkowitz (2018)
In Defense of Penalizing (but not Punishing) Civil DisobedienceRes Publica, 24
S. Campbell (1972)
The Slave Catchers: Enforcement of the Fugitive Slave Law, 1850-1860
Publisher's Note Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations
Rodion Belkovich (2011)
Is there a duty to obey the law
According to the Samaritan principle, we have a duty to rescue others from perils when we can do so at no unreasonable cost to ourself or others. Candice Delmas has argued that this principle generates a duty to engage in civil disobedience, when laws and practices expose people to ‘persistent Samaritan perils’: by engaging in this form of protest, she claims, citizens can contribute to the rescue of the victims of serious injustice. In this article, I contend that her argument confuses duties of rescue with duties of justice. Furthermore, I point out that two central features of civil disobedience, namely, communicativeness and conscientiousness, make it unsuitable as a strategy for ‘rescue operations’. On the one hand, communicative constraints make civil disobedience time-consuming, and dependent on others’ willingness to engage in the communicative exchange. On the other, conscientiousness often requires agents to accept costs well beyond the threshold warranted by the Samaritan principle. Treating civil disobedients akin to ‘good Samaritans’ trivialises the selflessness of their sacrifices.
Res Publica – Springer Journals
Published: Feb 6, 2020
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