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