Retheorising Civil Disobedience in the Context of the Marginalised

Abstract

Abstract This article proposes a retheorisation of Rawlsian civil disobedience through examining the burdens we expect people to bear when they practice civil disobedience, focussing specifically on marginalised groups. First, I consider public concerns over civil disobedience, to elicit the idea of an ‘authentic civil disobedience’. I then assess the claim that civil disobedience occurs within a ‘nearly just’ society in order to recognise the more complex position of marginalised civil disobedients. This allows me to frame any criteria we theorise for civil disobedience as a wicked problem. Next, I examine one particular criterion dominant within the literature: that to be interpreted as civil disobedience, disobedients must show a willingness to suffer the legal consequences – and so, must not act anonymously. I claim that this asks too much of civil disobedients in a marginalised context and conclude civil disobedience theory needs retheorising to consider when and why anonymity is acceptable.