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"Justice-based" civil disobedience occurs when a citizen disobeys laws to lay claim to some right denied to them, as when Black people illegally protested during the civil rights movement. "Policy-based" civil disobedience occurs when a person breaks the law to change a policy they believe is dangerously wrong. [29]
The right to resist has been put forward as a human right, although its scope and content are controversial. [2] The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed ...
This is an accepted version of this page This is the latest accepted revision, reviewed on 13 January 2025. 1849 essay by Henry David Thoreau Civil Disobedience First page of "Resistance to Civil Government" as published in Aesthetic Papers, in 1849. Author Henry David Thoreau Language English Publication place United States Media type Print Text Civil Disobedience at Wikisource This article ...
Berel Lang argues against the conflation of nonviolent resistance and civil disobedience on the grounds that the necessary conditions for an act instancing civil disobedience are: (1) that the act violates the law, (2) that the act is performed intentionally, and (3) that the actor anticipates and willingly accepts punitive measures made on the ...
Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another person or group such as a government, usually occurring in the form of abuse or coercion. Negative rights exist unless someone acts to negate them. A positive right is a right to be subjected to an action of another person ...
Civil disobedience has served as a major tactic of nationalist movements in former colonies in Africa and Asia prior to their gaining independence. Most notably Mahatma Gandhi developed civil disobedience as an anti-colonialist tool. Gandhi stated "Civil disobedience is the inherent right of a citizen to be civil, implies discipline, thought ...
In the federal circuit court case of Corfield v.Coryell, [1] Justice Bushrod Washington wrote in 1823 that the protections provided by the clause are confined to privileges and immunities which are, "in their nature, fundamental; which belong, of right, to the citizens of all free governments; and which have, at all times, been enjoyed by the citizens of the several states which compose this ...
The 1688 Bill of Rights provides no such limitation to assembly. Under the common law, the right of an individual to petition implies the right of multiple individuals to assemble lawfully for that purpose. [11] England's implied right to assemble to petition was made an express right in the US First Amendment.