By Harvey C. Mansfield
Seems to be on the improvement of the idea that of government strength, discusses the philosophical affects and considers the function of the administrative in enterprise and politics.
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For a discussion of some of the risks, see Greenawalt, Kent (1987) Conflicts of Law and Morality. Oxford: Oxford University Press, ch 10. For a defence of three stringent conditions for justifiable civil disobedience—that it must be undertaken 1) as a last resort, 2) in defence of justice, and 3) in coordination with other minority groups—see Rawls, John (1971)A Theory of Justice. Cambridge, Mass: Harvard University Press, 375. (6) Joseph Raz, for one, says that civil disobedience is sometimes justified and even obligatory, but it is not a general moral right.
See also the judgments cited in Chapter 5 of this book. The risks associated with civil disobedience are: 1) its divisiveness in society; 2) its ability, as a practice usually designed to attract public attention, to lead others to think of breaking the law to achieve whatever changes in policy they espouse (see Raz (1979), 262); and 3) its ability to encourage a general disrespect for the law, particularly when the law is seen as being lenient towards certain kinds of offences. For a discussion of some of the risks, see Greenawalt, Kent (1987) Conflicts of Law and Morality.
Our sensitivity to our special moral responsibilities enables us to settle most contests between competing moral demands (Chapters 2 and 3). It also makes us willing, when necessary, to privilege our special moral responsibilities above formal expectations even when this means breaking laws that originate from normatively valid sources within a reasonably good society (Chapter 3). In defending these claims, I use the following argumentative tools: 1) the gap thesis that, even in a reasonably good society, there is an ineliminable gap between the expectations of normatively valid formal offices and the moral responsibilities that underpin and legitimate those offices; 2) the moral roles thesis that we are morally obligated ceteris paribus to privilege our special moral responsibilities before formal expectations when the two diverge non-trivially; in the Rockwell jury scene, the woman does this if she has a well-founded view of the case that leads her to disregard the judge’s instructions; 3) the minimum moral burdens principle that society must ensure as well as possible that the offices it sets up to address important concerns do not place undue moral burdens upon any would-be occupants of those offices; and 4) the priority of special responsibility principle that, except in extreme moral emergencies, we act in morally acceptable ways when we adhere to our special moral responsibilities instead of doing what we have most reason to do all things considered.