On law, Civil Disobedience, and Punishment

Abstract

This paper examines the concept of civil disobedience as a deliberate, nonviolent violation of unjust laws to achieve moral and political change. I critically analyze the relationship between civil disobedience, law, and punishment. Piero Moraro asserts that while civil disobedient people are accountable to their community, they are not always subject to punishment. This counters the views of John Rawls and Daniel Weltman, who argue that civil disobedience must be accepted as a sign of respect for the law. It is believed that avoiding punishment weakens the authority of law, promotes widespread legal disobedience, and reduces the ability of civil disobedience to spread. Although civil disobedience may seek pardon from the state, the paper concludes that accountability to legal institutions is essential for maintaining society's moral and legal balances.

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2025-09-08

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