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The Rule of Law must be tempered by the necessity of universal justice and the consent of the governed to be valid or the Rule of Law becomes a straight-jacket in the service of tyranny.
Civil disobedience is a mechanism by which those outside of the halls of power, who object to either unjust law or law which is not universally applied, can endeavour to change things without resorting to violence, uprising or armed rebellion. Civil disobedience imposes political and monetary costs on a state through non-violent means which those with power find troublesome and vexing. This trouble and vexation either forces political change or triggers coercive reaction from the state and its power elites. If change is made, then the social pressure demanding reform is reduced and the society can move towards a more tranquil social equilibrium. If the civil disobedience triggers reaction and seriuos push-back from the state it unmasks the state as a coercive leviathan which is intolerant and deaf to the demands of peaceful dissidents. The suppression of dissent in a free society either by mishandled propaganda of by physical coercive force delegitimises the state and attracts more people to join the civil disobedience. Eventually the civil disobedience will work or dissidents will become so numerous and so determined that they will move from non-violent civil disobedience to direct action, violence or open rebellion (perhaps armed rebellion). So wise states and statesmen/stateswomen should value civil disobedience as a societal safety-valve which releases social pressure and buys some short time for a society to change laws which are not universally applied or which are fundamentally or structurally unjust.
Civil disobedience is disruptive and inconvenient but it is also a peaceful mechanism by which those outside the halls of power can effect real change without resorting to violence. Thus even though it involves illegal behaviour it is necessary. Thus civil disobedience is a "social good" and a positive societal asset in a free and democratic society. Only when a society ceases to be free and democratic does civil disobedience become illegitimate as an intolerable challenge to the absolute power of an oligarchy, monarchy, or dictatorship.
https://www.newstatesman.com/blogs/david-allen-green/2012/02/law-rule-power-act-breaking
Cheers.
Evilroddy.
Civil disobedience is a mechanism by which those outside of the halls of power, who object to either unjust law or law which is not universally applied, can endeavour to change things without resorting to violence, uprising or armed rebellion. Civil disobedience imposes political and monetary costs on a state through non-violent means which those with power find troublesome and vexing. This trouble and vexation either forces political change or triggers coercive reaction from the state and its power elites. If change is made, then the social pressure demanding reform is reduced and the society can move towards a more tranquil social equilibrium. If the civil disobedience triggers reaction and seriuos push-back from the state it unmasks the state as a coercive leviathan which is intolerant and deaf to the demands of peaceful dissidents. The suppression of dissent in a free society either by mishandled propaganda of by physical coercive force delegitimises the state and attracts more people to join the civil disobedience. Eventually the civil disobedience will work or dissidents will become so numerous and so determined that they will move from non-violent civil disobedience to direct action, violence or open rebellion (perhaps armed rebellion). So wise states and statesmen/stateswomen should value civil disobedience as a societal safety-valve which releases social pressure and buys some short time for a society to change laws which are not universally applied or which are fundamentally or structurally unjust.
Civil disobedience is disruptive and inconvenient but it is also a peaceful mechanism by which those outside the halls of power can effect real change without resorting to violence. Thus even though it involves illegal behaviour it is necessary. Thus civil disobedience is a "social good" and a positive societal asset in a free and democratic society. Only when a society ceases to be free and democratic does civil disobedience become illegitimate as an intolerable challenge to the absolute power of an oligarchy, monarchy, or dictatorship.
https://www.newstatesman.com/blogs/david-allen-green/2012/02/law-rule-power-act-breaking
Cheers.
Evilroddy.