Why Is Civil Disobedience Necessary

In recent days, the validity of civil disobedience has once again come to the forefront of political debate. The heart of the argument may be boiled down to whether it is possible to morally break the law or whether following the law is always the most moral option in a democratic society. This essay will endeavor to explain why civil disobedience is necessary, justified, and in fact the most moral possible course of action.

Civil disobedience is not only a just part of a democratic society, but a necessary one. Disobedience of unjust laws is one of the foremost ways of making one’s voice heard that is available to those lacking the enfranchisement of wealth and influence, which are increasingly important as wealth and power continually amassed

Martin Luther King Junior led an extensive campaign of civil disobedience in protest of America’s lack of civil liberties laws. Mahatma Gandhi used civil disobedience to protest the British occupation of India, ultimately resulting in independence for India, Pakistan, and eventually Bangladesh. Massive opposition to the protracted Vietnam War resulted in the United States’ withdrawal, as America had supported the Viet Minh originally and the war was largely viewed as a betrayal and unjust. These examples lend legitimacy to the practice of civil disobedience through their success, as few today would argue that the Civil Rights Movement’s gains were not worth the actions necessary to achieve them. Thus, civil disobedience today is also justified, as it is often the only way of achieving change. Contemporary examples of civil disobedience, whether one agrees with their purpose or not, are the protests that have occurred regarding the inauguration and policies of Donald Trump. A specific and successful example of this is the blocking of airport terminals to be used in deportations following Donald Trump’s immigration order on January 27th, 2017. This disruption of business that the protesters deemed unlawful resulted in the release of several people detained at the terminals in question. Civil disobedience,

Per Immanuel Kant’s Categorical Imperative and the deontological theory of law, the purpose of law is to defend individuality and human rights. If we take this to be true, as Americans do, it follows that any law that unjustly restricts human rights is therefore against the very purpose of law itself. Therefore, civil disobedience is not only necessary and justified, it is also the only moral course of action when faced with unjust laws. By participating in civil disobedience, we seek to return law to its intended purpose of ensuring freedom, and by refusing to participate in or condemning civil disobedience we allow the perversion of law away from its original intent as a guarantor of freedom and the rights of all