Around the Web

Here are some important law-and-religion news stories from around the web:

“Civil Resistance in the Arab Spring” (Roberts et al, eds.)

In March, the Oxford University Press released “Civil Resistance in the Arab Spring: Triumphs and Disasters,” edited by Adam Roberts (University of Oxford), Michael J. Willis (University of Oxford), Rory McCarthy (University of Oxford), and Timothy Garton Ash (University of Oxford).  The publisher’s description follows:

Civil resistance, especially in the form of massive peaceful demonstrations, was at the heart of the Arab Spring-the chain of events in the Middle East and North Africa that 9780198749028
erupted in December 2010. It won some notable victories: popular movements helped to bring about the fall of authoritarian governments in Tunisia, Egypt, Libya and Yemen. Yet these apparent triumphs of non-violent action were followed by disasters–wars in Syria, anarchy in Libya and Yemen, reversion to authoritarian rule in Egypt, and counter-revolution backed by external intervention in Bahrain. Looming over these events was the enduring divide between the Sunni and Shi’a branches of Islam.

Why did so much go wrong? Was the problem the methods, leadership and aims of the popular movements, or the conditions of their societies? In this book, experts on these countries, and on the techniques of civil resistance, set the events in their historical, social and political contexts. They describe how governments and outside powers–including the US and EU–responded, how Arab monarchies in Jordan and Morocco undertook to introduce reforms to avert revolution, and why the Arab Spring failed to spark a Palestinian one. They indicate how and why Tunisia remained, precariously, the country that experienced the most political change for the lowest cost in bloodshed.

This book provides a vivid illustrated account and rigorous scholarly analysis of the course and fate, the strengths and the weaknesses, of the Arab Spring. The authors draw clear and challenging conclusions from these tumultuous events. Above all, they show how civil resistance aiming at regime change is not enough: building the institutions and the trust necessary for reforms to be implemented and democracy to develop is a more difficult but equally crucial task.

Brownlee on Conscientious Objection and Civil Disobedience

Kimberley Brownlee (Warwick U.) has posted Conscientious Objection and Civil Disobedience. The abstract follows.

This paper looks at two types of dissent that are generally described as conscientious, namely, civil disobedience and conscientious objection. Both practices raise pressing normative questions about the proper parameters of dissenters’ rights and duties in a reasonably good society. They also raise questions about both the scope of legitimate toleration of assertions of conscientiousness and the appropriate legal and political responses to conscientious disobedience. The paper gives a qualified endorsement of the moral justifiability of these two practices. It also explores their credentials as moral rights and their legal defensibility. The paper challenges the dominant liberal view that, in relation to both moral rights and legal defenses, a more compelling case can be made for private conscientious objection than for civil disobedience.

Augustine on The First Amendment, Freedom Riders and Passage of the Voting Rights Act

Jonathan C. Augustine (Louisiana Workforce Commission) has posted The Theology of Civil Disobedience: The First Amendment, Freedom Riders and Passage of the Voting Rights Act. The abstract follows.

In 2011, usage of the term “civil disobedience” resurged in the American lexicon for at least two reasons: (1) there was widespread civil protest in Egypt; and (2) America observed the fiftieth anniversary of the now-celebrated Freedom Rides. Both reasons demonstrate the continued relevance of the twentieth century American Civil Rights Movement (“the Movement”).

American media widely covered Egyptian citizens’ nonviolent acts of civil disobedience as Egyptians peacefully protested governmental corruption in demanding free and fair elections. Further, since 2011 marked the golden anniversary of the Freedom Rides in the United States, Americans were reminded of the nonviolent civil disobedience undertaken by an interdenominational movement of clergy and laity, undergirded by a Judeo-Christian suffering servant theology. Dissident adherents literally sacrificed themselves for the democratic cause in which they believed. Continue reading

Martin Luther King on Just and Unjust Laws

Today is Martin Luther King Day in the United States. In commemoration, here’s a passage from Dr. King’s famous Letter from a Birmingham Jail, which he wrote in 1963 to answer clergy who had criticized his willingness to break laws as part of his anti-segregation campaign:

You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may well ask: “How can you advocate breaking some laws and obeying others?” The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

Now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an “I it” relationship for an “I thou” relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and sinful. Paul Tillich has said that sin is separation. Is not segregation an existential expression of man’s tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.

Let us consider a more concrete example of just and unjust laws. An unjust law is a code that a numerical or power majority group compels a Continue reading

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