Some Arguments Against Conscientious Objection and Civil Disobedience Refuted

Abstract

Responding to other contributions in this ILR volume, I revisit the distinction between civil disobedience and conscientious objection, highlighting the fact that the distinction between the two is not exclusive; I discuss the extent to which the state's obligation to respect citizens' right to conscientious behavior extends to cases of civil disobedience; I note problems in empirical arguments about the dangers of civil disobedience; I highlight a fallacy in attempts to apply a universalizability test here; and I insist that the willingness to pay the price for one's violation is not a necessary condition of the justification of the act of civil disobedience.

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