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21 Rutgers L. Rev. 1 (1966-1967)
Civil Disobedience and the Law

handle is hein.journals/rutlr21 and id is 7 raw text is: RUTGERS LAW REVIEW VOLUME 21 FALL, 1966 NUMBER 1 CIVIL DISOBEDIENCE AND THE LAW Questions regarding the ethics of civil disobedience in a democratic society have long perplexed academicians. In an effort to shed some light on this question, the Editors have invited three distinguished scholars to express their views. CARL COHEN* I. INTRODUCTORY NOTES 1.1 There are at least two good reasons for undertaking a careful analysis of civil disobedience and the arguments which pertain to its justifiability. 1.11 First, the practice of civil disobedience raises profound theoretical questions regarding the nature of the obligation owed by a citizen to his state, and the limits of that obligation. Final answers are not to be expected, but by dealing with these ques- tions in the context of concrete and contemporary events, a clearer understanding of some fundamental issues in political and legal theory may be attained. 1.12 Second, the problems arising out of civil disobedience are more than theoretically interesting; they directly concern the con- duct of ordinary citizens. They bear upon acts which any one of us may someday feel obliged to perform, and affect our evaluation of the conduct of others. In all of these matters it is important that we make sound judgments, both moral and legal. The emo- tional impact of many recent civilly disobedient protests may dis- Associate Professor of Philosophy, University of Michigan; A.B., University of Miami (Fla.), 1951; M.A., University of Illinois, 1952; Ph.D., University of California at Los Angeles, 1955.

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