Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2006 No More Deaths: On Conscience, Civil Disobedience, and a New Role for Truth Commissions Marie Failinger Mitchell Hamline School of Law,
[email protected] Publication Information 75 UMKC Law Review 401 (2006) Repository Citation Failinger, Marie, "No More Deaths: On Conscience, Civil Disobedience, and a New Role for Truth Commissions" (2006). Faculty Scholarship. 436. https://open.mitchellhamline.edu/facsch/436 This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact
[email protected]. No More Deaths: On Conscience, Civil Disobedience, and a New Role for Truth Commissions Abstract This article uses as its focal point the emerging civil disobedience movement in southwestern United States, aimed at providing humanitarian assistance to undocumented workers crossing the U.S. border, and the government's prosecution response to that movement. It argues that the courts that have considered such civil disobedience in previous cases, such as the 1980s Sanctuary movement, have a limited understanding of the right of conscience, and utilizes the insights of Reformation theology on the nature of the conscience to argue that it is necessary for the United States to respect the public role of conscience of civil disobedients in mass movements. The ra ticle also proposes that the United States should establish a national truth commission to investigate claims of mass civil disobedience movements as a more effective way of engaging mass civil disobedience movements toward truth-telling and a just society.