Civil Liability for Civil Disobedience
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Civil Liability for Civil Disobedience
Jahrbuch Recht und Ethik, Vol. 31(2023), Iss. 1 : pp. 93–106
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David Lefkowitz
Abstract
Civil Liability for Civil Disobedience
Should the free-democratic state of civil disobedience to be liable for damage caused by their protest? If not, why not and who should bear the costs instead? In this essay, I take the view that civil disobedience should not be liable for the damage caused by them under civil law, as long as their protest is the form of an adequately limited civil disobedience that should be tolerated in free democracy. Instead of the disobedient, the political community should cover these costs as part of the load that it has to bear in order to implement the rights of its members to political participation as best as possible.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| David Lefkowitz: Civil Liability for Civil Disobedience | 93 | ||
| I. In Defense of Legal Toleration for Suitably Circumscribed Civil Disobedience | 94 | ||
| II. Against Civil Liability for Civil Disobedients | 97 | ||
| III. Public Compensation for the Costs of Legally Tolerable Civil Disobedience | 99 | ||
| IV. Responses to Operational Objections to Public Compensation | 102 | ||
| Zusammenfassung | 106 |