Abstract
The present-day problems in law and the legal order have been influenced for a part at least by the fact that practicing lawyers and legal scientists were not prepared to react to the deep political and social changes of our time. Many premises on law and order, on law enforcement and punishment, on hierarchical structures of authority, on the State as the central agency in society, on the right to resistance against the lawful governors, on the consent of the governed, have been heavily attacked and criticized. A reassessment of all these premises is going on now. The citizen’s duty to obedience is another such problem.
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Notes and References
C. J. M. Schuyt, Law, Social Order and Civil Disobedience. Rotterdam University Press, 1975, which gives a description of many American cases.
Cf. M. Walzer, ‘The obligation to disobey,’ in Obligations. Harvard University Press, 1972.
To go further back in history, see D. Daube, Civil Disobedience in Antiquity. Edinburgh University Press, 1972.
On the relationship between loyalty and liberty and on the differences between authoritarian and democratic loyalty, see C. Bay, The Structure of Freedom.
O. Hirschmann, Exit, Voice and Loyalty. Harvard University Press, 1972.
Cf. P. Selznick, Law, Society and Industrial Justice. Russell Sage, 1969, ch. 1.
H. Arendt, ‘On violence,’ in Crises of the Republic. Harvest Book p. 178.
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© 1976 Springer Science+Business Media Dordrecht
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Schuyt, K. (1976). The Self-Created Conflict: Civil Disobedience in the United States and the Netherlands Compared. In: Criminology Between the Rule of Law and the Outlaws. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-4988-6_5
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DOI: https://doi.org/10.1007/978-94-017-4988-6_5
Publisher Name: Springer, Dordrecht
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