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Mortimer J. Adler:
On Civil Disobedience
What are the conditions that justify dissent
from civil government, and how does justifiable
disobedience to civil government differ from
rebellion?
One ground for civil disobedience is religious.
Quakers who regard killing in war as sinful disobey
the draft laws by being conscientious objectors. At
the same time, they do not withdraw their consent
to civil government, and they voluntarily submit to
the treatment that their government inflicts on
those who refuse to be drafted.
Another ground for civil disobedience may be
that the deserter regards the war being fought as
unjust. The conscientious objector in this refuses
to participate in. Again, the individual must be
willing to take whatever treatment is accorded
those who disobey the law.
Disobedience to civil government may also
involve withdrawal of consent. When it is peaceful,
that act requires emigration, as with those who
opposed the war in Vietnam, and went to Canada or
Sweden for the duration. They required a
declaration of amnesty to return to the United
States and resume their status as citizens.
Violent disobedience constitutes rebellion or
civil war. This resistance is civil in name only,
since the authority of the government is not only
denied but resisted by resort to arms.
The war of independence and the civil war were
acts of rebellion, involving denial or rejection of
civil status by those who opposed the government.
Nevertheless, Lincoln's declaration of amnesty to
the rebellious population of the southern states
restored them to citizenship in the republic, in
effect nullifying their rebellion.
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