Mario Cuomo, commenting on the
Is the situation in this nation so dire that civil disobedience is the only recourse remaining, the final option? Can we expect civil disobedience to accomplish what voting, demonstrating, etc., could not? Most importantly, perhaps, should civil disobedience prove ineffective as well, must activists admit that further struggle for justice is futile and the prospect of non violent change unlikely? To answer these questions, it will be necessary to consider in some detail the nature of civil disobedience and the conditions required for it to be effective.
Civil Disobedience (CD)
Though not all acts of refusal and noncooperation will fit nicely into one of the following categories, for purposes of explication I will identify two types of civil disobedience, and then focus upon the one most relevant to social activism. What I term "Private CD " are acts of personal, non public,
Civil disobedience as social activism, what I will term "Public CD," are acts of public
Non-violent direct action (Public CD) seeks to create such a crisis and establish such creative tension that a community that has constantly refused to negotiate is forced to confront the issue. It seeks so to dramatize the issue that it can no longer be ignored. (Italics mine) [1]
The Necessary Criteria for Effective Public CD
Unjust/immoral law or policy can be the consequence of either a willful criminal act or of a yet unnoticed mistake, oversight, or misinterpretation of law by legislators and/or policy makers. For Public CD to be an effective tool for remedying injustice, several necessary criteria must be satisfied. First, effective Public CD requires that both the occurrence of the act and the civil disobedient's legal and moral reason/justification for her actions are made public. This requires, of course, an independent, competent, responsible, and in this day and age, courageous media/press that will accurately report the event, rigorously investigate, and make public whether the civil disobedient's allegations regarding the injustice/immorality of the law/policy have merit. Second, effective Public CD requires a citizenry concerned with issues of justice and morality. That once made aware, they would likewise be outraged and motivated to speak out and demand that the crime, misinterpretation, mistake, or oversight be rectified. Third, effective Public CD requires that principled political leaders put justice and morality before personal, corporate, and national interest, recognize and take responsibility for their oversight or mistake, and initiate appropriate changes in law and/or policy. For those unprincipled political leaders whose actions are criminal, effective Public CD requires that they yield to the public outcry and to the demands for justice by those they represent.
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