The criminal response to civil disobedience | ||
| فصلنامه پژوهش حقوق کیفری | ||
| Article 9, Volume 7, Issue 24, December 2018, Pages 257-286 PDF (535.95 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.22054/jclr.2019.23761.1454 | ||
| Authors | ||
| Alireza Taghipoor; Fatemeh Mottaghi* | ||
| Bu-Ali Sina University | ||
| Abstract | ||
| Authority and freedom are two subjects always in contrast to each other. Governments strive to enhance their authorities to control people by emphasis on following the rules, yet people try to improve their freedom with different methods. When laws are considered unfair and employing legal ways do not lead to modify them, folks disobey them deliberately, consciously and non-violently by civil disobedience to show the necessity of modifying them. Although this act is kind of violation of law, its way to breaking the law differs from other usual offenders. Albeit, this is impossible to ignore their punishment. Civil disobedience originally distinguishes from revolution, rebellion, and armed disobedience based on acceptance of punishment from disobedient. Although, with regard to moral motivation of disobedience and his/her ideal aim based on establishment of justified law, their punishments are able to suspension or mitigation and in some circumstances are able to amnesty or remission. | ||
| Keywords | ||
| Civil disobedience; Disobedient; Conscience; Excuse; Punishment | ||
| References | ||
|
ب. منابع انگلیسی - Ben-Noon, Chemi. (2015). Civil disobedience: The Israeli Experience, Minnesota: Paragon House, 2015.
- Brownlee, Kimberley. (2006). “The Communicative Aspect of Civil Disobedience and Lawful Punishment”, NewYork university Journal of Criminal Law and Philosophy, 179-192.
- Cain; William E. (Editor). (2000). A Historical Guide to Henry David Thoreau; London; Oxford university press.
- Colaiaco, James A (2001). Socrates against Athens (philosophy on trial), New York, Routledge.
- Dworkin, Ronald. (1997). Taking Rights Seriously, London/ New York, Bloomsbury Academic.
- Freedman, Judith. (2015). “Lord Hoffmann, tax law and principles”, the Jurisprudence of Lord Hoffman, United Kingdom, Hart publishing.
- Hart. H.L.A. (1997). the concept of law, United Kingdom, Oxford University Press, second edition. 1997.
- Huijun, Liu. (2010). Towards the reconcilation of civil disobedience and democracy, unpublished dissertation, national university of Singapore.
- Laudani, Raffaele. (2013). Civil disobedience in Western political thought, New York: Cambridge university press.
- Pineda, Erin. (2015). “Civil disobedience and punishment: (Mis)reading justification and strategy from SNCC to Snowden”, History of the present, Vol.5, N.1 ,Spring, PP. 1-30.
- Salat, orsolya. (2015). The right to freedom of assembly: A comparative study, Hart publishing.
- Shapiro, Scott J. (2011). Legality, London, The Belknap press of Harvard University press.
- Thoreau, Henry David. (2002). »Civil disobedience, civil disobedience in focus«, Hogu Adam Bedau (editor). London and New York, Routledge, 28-48.
| ||
|
Statistics Article View: 1,846 PDF Download: 955 |
||