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Civil Disobedience and the Duty to Obey

By Alexander M. Bickel

Abstract

\u22At what point,\u22 asks John Rawls in his celebrated recent book, A Theory of Justice, to which I shall make further reference, \u22does the duty to comply with laws enacted by a legislative majority . . . cease to be binding in view of the right to defend one\u27s liberties and the duty to oppose injustice? This question involves the nature and limits of majority rule. For this reason the problem of civil disobedience is a crucial test case for any theory of the moral basis of democracy.\u2

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1973
OAI identifier: oai:digitalcommons.law.yale.edu:fss_papers-4972
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