Chapter

A Right to Dissent? I.

Joseph Raz

in The authority of law

Published in print August 1979 | ISBN: 9780198253457
Published online March 2012 | e-ISBN: 9780191681400 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198253457.003.0014
A Right to Dissent? I.

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This chapter examines whether there is a right to break the law for moral or political reasons. The chapter assumes that if there is a moral right, then there is a presumption for giving it a legal consideration. The discussion in it encompasses some of the consideration affecting the form which legal considerations should have. The chapter does not provide justification or political or moral reasons for disobedience; rather, it questions whether there is, in certain circumstances, a moral right to civil disobedience. The chapter also discusses the classifications of disobedience and dissent, including the underlying philosophical attitudes that support such dissent. Discussion furthermore includes the right to political participation and civil disobedience in liberal states.

Keywords: moral right; break the law; disobedience; civil disobedience; classifications of disobedience; dissent; philosophical attitudes; political participation

Chapter.  5941 words. 

Subjects: Jurisprudence and Philosophy of Law

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