Towards the Reconciliation of Civil Disobedience and Democracy

Abstract

The thesis argued that civil disobedience should be tolerated by democracy and there is a viable way to reconcile civil disobedience and democracy by making some changes to the present constitutional and criminal systems.

The thesis first maintained that civil disobedience is still justified under the circumstances of liberal democracy. Civil disobedience not only can help to stabilize democracy, but also can help to nurture certain characters of citizenship that are required by any viable democracy. Then, the thesis explained the virtues of the practitioners of civil disobedience. Citizens who obey all laws at all times are more damaging to democracy than the practitioners of civil disobedience. Good citizens must, at times, be disobedient as well as obedient. Therefore, democratic systems, as beneficiaries of civil disobedience, should show some toleration to both civil disobedience and its practitioners. The thesis finally concluded that there is a viable way for democracy to show tolerance to civil disobedience. This can be done on many levels: for those states with a competent judicial system, a special defense for civil disobedience may be enforced by the courts; for those states which are not so liberal, civil disobedience may be protected by the legislature and the constitution.