Civil Disobedience and the Public Sphere
In: The journal of political philosophy, Band 19, Heft 2, S. 145-166
ISSN: 1467-9760
In place of the liberal account of civil disobedience as a guardian of basic rights, this article develops a deliberative approach that associates the justification and role of this form of protest with the public sphere of a democratic society. The deliberative theory takes its lead from those who pursue a broadly democratic defence of civil disobedience, but attempts to avoid some of the shortcomings that afflict such approaches. The first section of the article considers one such approach, namely the republican defence of civil disobedience proposed recently by Daniel Markovits. This theory constitutes a novel alternative to liberal accounts of civil disobedience, but is vulnerable to important objections. The second section aims to avoid these difficulties by proceeding from a deliberative, rather than a republican, conception of democracy. It introduces the central idea of the public sphere as a network of forums within which citizens engage in deliberation about issues of common concern. Civil disobedience is defended as a mechanism for publicising issues that, because of the stifling effects of prevailing orthodoxies, receive insufficient attention in the public sphere. The third section develops the deliberative theory of civil disobedience by way of defending it against three important objections. The discussion draws to a close by considering some wider implications of defending civil disobedience as a guardian of the public sphere. Adapted from the source document.