Civil Disobedience
by Elizabeth Pitts

Are we morally obliged to obey even unjust laws?  This moral question addresses what we commonly know as civil disobedience.  In order to properly discuss civil disobedience and whether or not it is moral to disobey laws, we must first characterize civil disobedience.  In Peter Singer's book, Practical Ethics he begins to characterize civil disobedience as arising from "ethical disagreement" and raising the question of whether "to uphold the law, even if the law protects and sanctions things we hold utterly wrong?" (Singer 292).

Henry David Thoreau wrote an essay entitled Civil Disobedience that was published in 1854 in the collection of essays called Walden; or Life in the Woods.  Thoreau first wrote of civil disobedience in opposition to the Mexican War, but his words still hold truth and meaning for us today.  In Civil Disobedience Thoreau explains his ideas about government and whether or not we should obey laws that do not appear to the individual to be moral.  Thoreau recognizes that there can be abuse to government, and simply because something is passed as law, does not make it right.  He says:

The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused and perverted before the people can act through it (Thoreau 1).
With civil disobedience, we are discussing government and the law, and if we should uphold laws, even when they are not morally right and how, if we are to go against the law, should we do that?  We should not have to obey laws that are unjust, but we also must look at each individual instance where injustice is occurring and carefully determine how to act.  Civil disobedience must remain civil and not become violent.  If disobedience becomes violent it does more harm than good, as people can get physically hurt.  Pacifists would say violence has a hardening effect (Singer 310).  Committing one violent act lessens the resistance to another violent act (Singer 310).  There are other arguments for specific types of violence, but we are talking about civil disobedience, not violent disobedience.

We must first discuss why we should obey laws to begin with.  Singer gives two arguments in favor of obeying laws.  He explains that first; people do not voluntarily refrain from hurting others so we need laws to deal with these matters.  Secondly, we must have some kind of machinery to deal with the lawbreakers (Singer 296).  Singer also reminds us that these two arguments for obeying law are neither universally applicable nor conclusive (Singer 297).  Civil disobedience itself can be viewed the same way.  It must be evaluated on a case-by-case basis.  There are rules as to what civil disobedience is, but there is no clear-cut universal answer in deciding to be civilly disobedient (Singer 297).  Civil disobedience is about purposefully disobeying a law or rule to make a point, to try and change laws and rules in a specific situation, and is disobedience that is executed in a non-violent manner.
 

Having characterized civil disobedience we can now discuss reasons for why people may act civilly disobedient.  Singer explains that there are reasons to obey established laws, and the reason to obey is stronger when the law is established in a democratic manner and represents a majority view.  However there are still situations in which using illegal means can be justified (Singer 302).  Why a person or group might protest a certain law is that they feel the decision or law does not, in fact, uphold the ideals of the majority.  To disobey the law also can be a way to inform the majority if the law is unjust (Singer 303).  As with most moral and ethical questions, the costs and benefits must be weighed in order to determine if acting is more moral than not acting.
 
The arguments against civil disobedience are that if people start disobeying laws, there could be a slippery slope effect and cause more and more unrest and soon no one would obey laws because every law might seem unjust to someone.  This possibility means that each individual case of civil disobedience must be thought of as just that; an individual case, not an example for disobeying all established law.  It would make sense then that another argument against civil disobedience is that it could easily stop being civil and become violent.  There seems to be enough unrest caused by defiance of law, even if it is civil, that violence seems to be the natural next step. Again this is why each case of civil disobedience must be carefully weighed to determine the benefits and consequences of the actions.  Civil disobedience is just that, civil, not violent.  There is also the argument that some people have raised, " it"s a law, so it must have been made a law for a good reason."   This seems acceptable enough on its face.  However, once a seemingly unimportant law, that does not affect you personally becomes a problem for you, personally, then it no longer seems like it was made a law for a good reason.  Therefore, as Thoreau stated, " law is equally liable to be abused" (Thoreau 1).  Because it is legislated does not make it right.  Singer also suggests that since we live in a democratic society, we should first try to exhaust legal means of resolving unjust issues.  He does admit, however that this is a slow and sometimes unsuccessful process.  This is another reason why people are left with civil disobedience as a sort of last resort without turning to violence.
 
What are ways we can protest while remaining civil?  Singer refers to " passive resistance, marches and sit-ins" as standard forms of civil disobedience (Singer 303).  There are some very famous cases of civil disobedience in which unjust laws were changed and society was changed for the better. Ghandi is known for his marches and fasting to relieve oppression of the people of India (Sevagram Ashram).  Martin Luther King is well known in the United States for fighting for civil rights for African-Americans using civilly disobedient means. Rosa Parks refused to give up her seat on the bus to a white man. I n all three of these cases, there was imprisonment as a consequence of being disobedient. However, having weighed that cost, these people were still successful in accomplishing social change.

Not all civil disobedience has to create change on a whole societal level. We can be disobedient on a much less provocative level to obtain justice in our own lives. We can do things that impact us on an individual level without seeking societal change, though that may be a positive consequence of our actions.  I refer to the State of Michigan Court of Appeals case, People v Pitts.  The published case begins this way:

On or about September 13, 1994, while driving in Alma, Michigan, defendant was stopped by the Michigan State Police and issued a citation for having tinted film on the front side windows of his car in violation of MCL 257.709(1)(a); MSA 9.2409(1)(a). Defendant's car had a factory-installed tinted windshield; however, an after-market tinted film had been applied to both front side windows.
The "Pitts" in this case is my brother, and he received a ticket for having tint on his car windows. T he law under which he was cited was what he felt to be the incorrect law. H e was cited for having obstructed vision, a moving violation that carries two points on a driver"s license. H e should have been cited for an equipment violation for which no points would be assessed. He would have to remove the window tint as well. What follows is the Court of Appeals description from the District Court decision:
Defendant requested a formal hearing. During the hearing, the district court stated that the charge was "having tinted front windows."  The court examined defendant's car and determined that the side window tinting appeared no darker than the windshield and indicated it had no problem seeing into defendant's vehicle through the tinted side windows from a block away. The court, however, subsequently held that it was not prepared to overrule a directive of the Secretary of State that such window tinting constituted "obstructed vision," a moving violation for which two points are to be assessed on the violator's driver's license, even though it had trouble comprehending how nonreflective window tint could obstruct a driver's vision such that it constituted a moving violation rather than an equipment violation. Accordingly, the district court found that defendant had violated MCL 257.709; MSA 9.2409 for having nonreflective film on his front side windows, found that such a violation constituted a moving violation for obstructed vision, and assessed two points on defendant's driver's license.
The law under which he was cited may have been applicable in another case, but since it was determined that he could see clearly out of his windows and police could see into his car (we assume they need to do this for safety reasons) then why should David Pitts accept the two points on his license for something he did not do?  Fortunately for David Pitts, the Court of Appeals held that he was improperly cited. Civil disobedience relates to this situation in a couple of ways. First of all, David Pitts felt he was cited under the wrong law, or that the law he was cited under was incorrect. This is the first ingredient we need for civil disobedience. There was an ethical disagreement in upholding the law (Singer 292). Secondly, David Pitts did what was necessary for his injustice to be rectified. He pursued, in our democratic system a resolution to his window tint problem. Singer suggests this may take time, and in some cases, too much time (Singer 298). The time issue is evident in People v Pitts as the David Pitts was first cited on September 13, 1994 and the opinion of the Court of Appeals was not rendered until March 14, 1997. Knowing it would take time for his case to be heard in the court system, David Pitts did another thing that is undeniably civilly disobedient, he never removed the tint from his windows. The fact that David has left the tint on his windows could get him another citation, but since he won his case, the citation would be for the correct infraction, not the incorrect one. He may incur a fine, not points on his driver"s license.
It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume, is to do at any time what I think right. It is truly enough said, that a corporation has no conscience; but a corporation of conscientious men is a corporation with a conscience. Law never made a man a whit more just; and by means of respect for it, even the well disposed are made the agents of injustice (Thoreau 2).
Violence is hard to justify when discussing civil disobedience. The whole idea behind civil disobedience is that it is a way to bring attention to an injustice without causing harm to others.

Bibliography

  • Singer, Peter.Practical Ethics. Second Edition.  Cambridge University Press.  1993.
  • Thoreau, Henry David.Civil Disobedience and Other Essays.   Dover Publications, Inc.  Dover Thrift Editions.  1993
  • The Sevagram Ashram. http://www.mkgandhi.org/sevagram/default.htm
  • People v Pitts.  Michigan No. 186260.  LC No. 95-003317.  1997. http://www.milawyersweekly.com/micoa/186260.HTM