Author: Maria Jose Falcon Y Tella
Publisher: Indian Institute of Comparative Law
Year: 2000
Language: English
Pages: 360
ISBN/UPC (if available): 8187339365
Description
This book is the first in a series of three studies on the topic of civil disobedience, which the author has been researching since 1994, and relates to the subject of the actual validity of obedience to the Law, on which she was engaged from 1989 to 1994. The work is original in that it searches for a legal justification for civil disobedience, which is normally only justified on ethical and political grounds.
The subject of civil disobedience is a controversial subject, and is extremely important not only in present time, but also in its historical context – for example, in the United States since Thoreau, and in India since Gandhi. It is a problem which is full of nuances, and where moral, political and judicial aspects interweave, making it especially appealing to Legal Philosophy. This book will be of great use not only for students of law but for all the persons related to the branches of philosophy, history, political science and sociology.
Contents
INDEX
INTRODUCTION
THE CONCEPT OF VALIDITY
1. Material Validity of Legitimacy: The Justice of Law
2. Formal Validity or Validity in the Strict Sense: The Existence of Law
3. Sociological Validity or Efficacy: Obedience to the Law. The question of Civil Disobedience
PRINCIPAL REALIST THEORIES OF EFFICACY AS OBEDIENCE TO THE LAW
1. Scandinavian Legal Realism
General Exposition
Critical Review
2. North American Legal Realism
3. Farrell’s Realist Theory of the Axiom and Verified Law
4. Coercion theory Against Recognition Theory
General Considerations
Acceptance Theories
The Volkgeist Conception of the Historical School of Law
Theory of the Institution
Duguit’s Doctrine of the Regle De Droit as a Law of Sociality
Niiniluoto’s Theory of the Actual Acceptance of theLegal Community
Aarnio’s theory of the
Rational Acceptability of the Audience
IV. DISOBEDIENCE TO THE LAW. THE QUESTION OF CIVIL DISOBEDIENCE
History
Civil disobedients: Thoreau, Gandhi, King and Other Modern Civil Disobedience Campaigns
The Concept of Civil Disobedience
Civil Disobedience Related Concepts
Military, ecclesiastic and Administrative Disobedience
Dissidence
Political protest
Exemplary Actions
Criminal Disobedience
Ethically Justified Criminality
Resistance
Terrorism
Revolution
Conscientius Objection
Tyrannicide
Instrumental causes
Militant Action
Treason
Non-Pacific Disobedience Insurrectin, rebellion and Guerrilla – Strike
The Limits to Civil disobedience
Justificatin for Civil Disobedience
Moral Justification for Civil Disobedience
Legal Justification For Civil Disobedience.
Conclusions
Politicaln Justification for Civil disobedience
Bibliography
Bibliography on Legal Validity
Bibliography on Civil disobedience