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Sunday, May 06, 2007

Week 12
Civil Disobedience
Under what conditions is it morally justified to break the law?

In what sort of cases would you endorse civil disobedience? In your answer, think about 1) how you would define the idea of an unjust or immoral law. Would you agree with St. Augustine that 'an unjust law is no law at all'? and 2) what cases (if any) would count in your view as legitimate uses of civil disobedience? For some examples, take a look at the Wikipedia article on civil disobedience.

According to St. Thomas Aquinas: an unjust law is a human law that is not rooted to eternal and natural law. Unjust law is a law that degrades human personality. It is Iike St. Augustine said “an unjust law is no law at all”.
In Martin Luther Kings quote “ In any nonviolent campaign there are four basic steps: collection of the facts to determine whether injustice exist; negotiation; self-purification; and a direct action.” What does he mean with that? Before anything it is need to establish that there is injustice, then you have to present your case in a logical manner (dialogue), furthermore you have to have self-confidence and know your human rights to rise above degraded circumstances and by last, you have to protest, boycott and bring the demonstration to public eye.
To counteract military attacks and massive destructions in the world, Gandhi had started a movement to use non-violence to oppose wars. I think Mohandas Gandhi was one of the most significant persons in the 20th century. He was the one who proved that it is possible to fight very successfully without violence. He fought his whole life with humanity, tolerance, and ideas and without violence. He showed the way to a better world. And still today there are many people who love him and who use his philosophy to change the world. All over the world, in different ways and in different fields, several developments are taking place that indicate a growing interest in a non-materialistic, nonviolent alternative to present modes of thinking. Whether or not those involved in these developments use or are even aware of Mahatma Gandhi's name and message, they are nevertheless promoting the values and principles he stood for.
Even in South Africa, the political leaders, particularly those of the A N C (African National Congress) used non-violent peaceful means against the Apartheid Regime, till they were forced to resort to violent protests, at times, after 1961. Their motto was 'by' non-violence if we can, by violence only if we must". Imperialism, greed, and racism led to increasing oppression of the black majority by the white minority. South Africa gained independence from Britain and continued to oppress the black majority. Apartheid became law in 1948. Among other things, apartheid meant separate neighborhoods, educational systems, restaurants, businesses, and transportation for whites and non-whites. When non-whites resisted these oppressive laws, the government jailed them, beat them, tortured them, or killed them. The major leaders, like Nelson Mandela, used non-violence to resist the oppression. People protested, wrote articles, published papers, talked to the press, talked to the government officials, formed organizations, had meetings, raised money, and performed acts of non-violent, civil disobedience. To deal with the protests, the government would declare a state of emergency. This led to further civil rights abuses and violence. Nevertheless, the people still responded with non-violence. Because of persistent non-violent action, progressives like President de Klerk abolished the apartheid laws. In 1994, South Africa had its first fair election. Because South Africa broke away from oppression with non-violence, it continues to believe in non-violence today.
The Chinese occupied Tibet in 1950. In 1959, the Dalai Lama, the legitimate leader of Tibet, was forced to flee Tibet and seek refuge in India despite his attempts to peacefully co-exist with the Chinese authorities. Since then the Tibetan people, both inside Tibet and in exile have continued to protest against the denial of their freedom and human rights. The Dalai Lama, a recipient of the Nobel Peace Prize in 1989, has become a global symbol of peace, and respected by leaders the world over for his consistent non-violent struggle for Tibet.
I think that all the cases mentioned an act of civil disobedience was needed in order to get justice.