Chapter 1 What Civil Disobedience Is (And Is Not)

Notes

Chapter 1 What Civil Disobedience is (and is not)

1 McKie (2003); Sissons (2003). Countryside Alliance website: (http:// www.countryside-alliance.org.uk/hunting-campaigns/hunting-views/civil- disobedience/). 2 Hartocollis (2006). 3 Adam (2007). 4 Sheldon Wolin (1996) has argued that the rebellious element of democracy and what he terms ‘the political’ may be traced to Athens and each suc- cessive change to the ancestral constitution (39). We could, however, go even further back into a mythic past when Prometheus, the founder of civilization, stole fire from the gods and thereby reduced the inequality between gods and men. It was an act of disobedience that founded earthly civilization. 5 I would like to thank my colleague at San José State University, Professor Larry Gerston, for alerting me to the activities of Critical Mass. 6 The Economist Magazine noted in June 2007: ‘In the tropical seaport of Xiamen citizens still talk excitedly about how an anonymous text message on their mobile phones last month prompted them to join one of the biggest middle-class protests of recent years. And in Beijing, politicians are scrambling to calm an uproar fuelled by an online petition against slave labor in brick kilns.’ See ‘Mobilised by mobile’, June 23rd, 2007, p. 48. 7 See A Force More Powerful (http://www.aforcemorepowerful.org/game/) 8 ‘A Baker’s Dozen of Writers Comment On Civil Disobedience, 1967’, New York Times, November 26, 1967. 9 It is not impossible, however, to imagine an individual using the judicial process in her defense, believing that respect for the society is sufficiently demonstrated by willingly accepting society’s judgment, not its punish- ment. See Schochet (1972). 10 As Bauer and Eckerstrom (1987) note: ‘In the United States vs. Ashton, mer- chant sailors argued that necessity excused their criminal act of disobeying the captain’s orders. The sailors refused to continue their scheduled voyage because they believed that the boat was unseaworthy. Weighing the “necessity of having a just and tender regard for life” against the dangers of not upholding with a steady hand the authority of the master’ the court found that the sailors asserted a “justifiable self-defense against an undue exercise of power,” and submitted the defense to the jury’ (p. 1176). 11 While control over the mainstream media has tightened and moved closer to the military and political administrations, the choice of coverage has broadened. Activists may now turn to a variety of local, national, and international news outlets as part of the independent media movement to gather alternative viewpoints from those broadcast in the major networks.

167 168 Notes

12 Though for an alternate view see McCloskey (1980): ‘I wish to suggest that both seemingly and actually quite useless civil disobedience may be justified, not because both may really be useful in some indirect, unrecognized way, but because they are what they are, expressions of moral integrity of the civil disobedient. This is more evidently so with the disobedience of the conscientious objector who is also a civil disobedient’ (p. 549). 13 The case of Socrates is, however, extremely controversial. Though there is evidence that he committed an act of civil disobedience in the Apology, ultimately the ‘dialogue’ with his friend Crito shows Socrates to be an obedient subject to the Laws. I will explore this in more detail in Chapter 2, Section 2. 14 See ‘Conscience and Conscientiousness’, in Joel Feinberg, Moral Concepts, pp. 80–92. Also, David S. Meyers notes in The Politics of Protest, that ‘the political efficacy of tax resistance as a topic was of far less interest to Thoreau than the moral inconvenience of compliance…He is not…a political tactician or activist in any sense, and he leaves the real problems of politics and policy for others to ponder. Indignation may be the start of meaningful politics; it is not, however, a substitute’ (pp. 106–7). 15 In this tradition, one might also include Thomas Paine’s natural right to conscience discussed in the first part of his Rights of Man. Paine argued that individuals always have the power and right to use their conscience (or judgment) to decide when someone has treated us unjustly, or whether a government ought to be replaced. 16 However, as Hannah Arendt pointed out in The Life of the Mind, there may be occasions when even the supposedly apolitical act of thinking takes on political significance. I will examine this point in more detail in Chapter 5. 17 According to Clarke (2003), ‘[t]he task of proving this society to be funda- mentally exploitative and unjust is onerous only in the sense that the sup- porting material stretches to infinity’ (p. 491). The law can serve to keep inequities in place, perpetuating injustice from one generation to the next. In fact, Clarke goes further and argues that: ‘As a general rule, we can say that whatever economic, social, and legal rights that oppressed people have secured have thus far been obtained through social resistance that disrupted the status quo to the point of generating crises. Such activity was rarely conducted with official sanction, and it often occurred despite legalized efforts to destroy any uprising’ (p. 495). 18 See Macnair (2003). For an opposing position, see McCloskey (1980) who argues: ‘What kinds of civil disobedience are justified will depend in part on what kinds are most effective. Thus, if violent, intimidatory [sic], coercive disobedience is more effective, it is, other things being equal, more justified than less effective, nonviolent disobedience’ (p. 547). This definition is broad enough to include violent resistance within a definition of civil disobedience, and in so doing overturns the prohibition against non-state actors use of violence. 19 Hedges (2002) notes: ‘Most of us willingly accept war as long as we can fold it into a belief system that paints the ensuing suffering as necessary for a higher good, for human beings seek not only happiness but also meaning…And tragically war is sometimes the most powerful way in human society to achieve meaning’ (p. 10). Notes 169

20 Those who suggest otherwise face the ire of cultural critics and commentators. As Kellner (1984) notes, Herbert Marcuse’s defense of the student movements ‘led him to defend confrontation politics and revolutionary violence and deeply alienated Marcuse from those who advocated more moderate models for social change’ (p. 280). Marcuse justified violent responses qua self-defense against the brutal state suppression of student groups. See Marcuse (1977). For a classic defense of the transformative power of revolutionary violence see Fanon (1990) along with Jean Paul- Sartre’s ‘Introductory Essay.’ 21 Political violence is defined by Hondereich (1976) as follows: ‘a considerable or destroying use of force against persons or things, a use of force pro- hibited by law, directed to a change in the policies, personnel or system of government, and hence also directed to changes in the existence of individuals in the society and perhaps other societies’ (p. 9). For a related discussion see Christian Bay (1975) and Michael Bayles (1970). 22 See also Slavoj Zizek (2008a): ‘At the forefront of our minds, the obvious signals of violence are acts of crime and terror, civil unrest, international conflict. But we should learn to step back, to disentangle ourselves from the fascinating lure of this directly visible ‘subjective’ violence, violence per- formed by a clearly identifiable agent. We need to perceive the contours of the background which generates such outbursts. A step back enables us to identify a violence that sustains our very efforts to fight violence and promote tolerance’ (p. 1). 23 See Waldron (1987) for a discussion of umbrella concepts in political theory. 24 Others have developed similarly nuanced views of reality, noting how norms become internalized through self-regulation and self-discipline, and the manner in which people live their lives on a daily basis (see Foucault, 1980). The point here, as Eagleton notes in his discussion of ideology, is that: ‘in order to be truly effective, ideologies must make at least some minimal sense of people’s experience, must conform to some degree with what they know of social reality from their practical interaction with it…ruling ideologies can actively shape the wants and desires of those sub- jected to them; but they must also engage significantly with the wants and desire that people already have, catching up genuine hopes and needs, reinflecting them in their own peculiar idiom, and feeding them back to their subjects in ways which render these ideologies plausible and attrac- tive. They must be ‘real’ enough to provide the basis on which individuals can fashion a coherent identity, must furnish some solid motivations for effective action and must make at least some feeble attempt to explain away their own flagrant contradictions and incoherencies. In short, successful ideologies must be more than imposed illusions, and for all their inconsis- tencies must communicate to their subjects a version of reality which is real and recognizable enough not to be simply rejected out of hand’ (1991, p. 15).

Chapter 2 Obedience: Ancient and Modern

1 As Daube (1972) notes, the earliest deliberate disregard of a governmental decree occurs in the Second Book of Moses, Exodus 1.15, when the Hebrew midwives refused to obey the order from Pharaoh to kill the male children. 170 Notes

The refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake is another such example of disobedience from the Old Testament. 2 Similar treatments were conducted by Aeschylus in the Oresteia. However, in the latter a family conflict is ultimately resolved by the state. In the first of the cycle of plays, Agamemnon, King Agamemnon returns from Troy and is greeted by his wife, Clytemnaestra. After a battle of wills over whether he will walk on a golden carpet she has prepared for him, she pours him a hot bath and then promptly stabs him three times; along with Cassandra (the Trojan prophetess). In the second play, Choeophori, Agamemnon’s only son, Orestes, returns and avenges his father’s death by murdering his mother. Yet this is a crime that cannot go unpunished. In the final play of the cycle, Eumenides, Orestes is pursued by the Furies, takes sanctuary in the temple of Apollo at Delphi then finally goes to Athens where he stands trial for his life. What is significant here is that a court of law adjudicates the matter of Orestes’ guilt, deciding whether he has suffered enough, and puts an end to a familial cycle of violence. 3 Aristophanes was allegedly taken to court by Cleon, an Athenian politician, who found himself on the wrong end of some of Aristophanes most viru- lent assaults. 4 Although such an attempt has been made. See Herman (2007). 5 See the early Platonic dialogue, Lysis. 6 The actual indictment read: ‘This indictment is entered on affidavit by Meletus son of Meletus of the deme Pitthus against Socrates son of Sophronicus of Alopeke. Socrates is guilty of refusing to recognize the gods recognized by the State and introducing other, new divinities. He is also guilty of corrupting the youth. The penalty demanded is death.’ 7 Given the average composition of an Athenian jury and the rate of pay, it would have attracted a mixed demographic of the elderly and unemployed. Aristophanes makes a similar point in the Wasps. 8 Republic, 434a–5b. 9 Dworkin (1977), for example, is sympathetic to the notion of civil disobedience. ‘…the argument that, because the government believes a man has committed a crime, it must prosecute him is much weaker than it seems. Society ‘cannot endure’ if it tolerates all disobedience; it does not follow, however, nor is there evidence, that it will collapse if it tolerates some’ (p. 206). For a relevant discussion and defense of ‘anarchism’ see Samuel Clark (2007). 10 W. D. Ross (1930) for example, argued that we had owed obedience to the state out of a sense of gratitude for services received. 11 The history of the early Christian Church may be read this way, not only because of Constantine’s adoption of one version of Christianity but his subsequent attempt to bring order to the competing doctrines within the empire at Nicea in 325 A.D. This is also precisely the approach of early modern thinkers like Machiavelli. In The Discourses he provides a veritable list of ingredients for assuring compliance. 100 years later we find Thomas Hobbes in Leviathan making a similar set of recommendations though now under the influence of rationalism. For Hobbes, order comes about because it is undeniable and takes the form of a (pseudo)geometric proof. William Notes 171

Connolly (2005) makes the related point that spheres of politics, economics, religion are not exclusive but overlap: ‘no political economy or reli- gious practice is self contained. Rather, in politics diverse elements inﬁltrate into the others, metabolizing into a moving complex-causation as resonance between elements that become fused together to a considerable degree. Here causality, as relations of dependence between separate factors, morphs into energized complexities of mutual imbrication and interin- volvement, in which heretofore unconnected or loosely associated elements, fold, bend, blend, emulsify, and dissolve into each other, forging a qualitative assemblage resistant to classical models of explanation’ (p. 870). It is a point that nearly all the major thinkers within the Western tradition would certainly endorse. 12 Some of the material used in this section also appears in a related article. See Quill (forthcoming). 13 For a superb analysis of the US Economy’s reliance upon military spending see Reich (1972). 14 A point of view echoed by later critics of public service, notably those from the Public Interest School.

Chapter 3 Appealing to Heaven

1 See also Colossians 3:22; Titus 2:9; Ephesians 6:5: ‘Slaves you must obey your earthly masters. Show them great respect and be as loyal to them as you are to Christ.’ 2 This, one should note, appears in direct contrast to Cicero views on kidnap- ping by Pirates and agreeing to pay a ransom to them for your safe return. Upon landing, Cicero suggests, you should not pay the pirates because when they kidnapped you they contravened natural law and in the process became less than human. See On Duties, Book 3. 3 For a discussion of the connection between Locke and the American founders see Hartz (1955). For a summary of the arguments, see Quill (2006), pp. 8–12. 4 The choice of metaphor is revealing, particularly in light of the obsession of economists and political scientists with ‘game theory’ since the end of World War Two. For a brilliant analysis of the use of metaphor in the social sciences see Philip Mirowski (2002). 5 This did not, however, stop King from exploiting the potency of the language of consent for his own purposes. See the Letter from Birmingham Jail as a good example of King’s successful blending of the myth of the founding, Socratic heroism, and Locke’s theory of consent qua withdrawal of consent to unjust authority. 6 John Rawls (1971) has provided the theoretical backdrop for this approach, although the origins to contemporary discussion go back at least as far as H. L. A. Hart (1955). Hart notes: ‘When a number of persons conduct any joint enterprise according to rules and thus restrict their liberty, those who have submitted to these restrictions when required have a right to a similar submission from those who have beneﬁted by their submission. The rules may provide that ofﬁcials should have authority to enforce obedience…but the moral obligation to obey the rules in such circumstances is due to the 172 Notes

cooperating members of the society and they have the correlative moral right to obedience.’ (1955: 185) 7 Nozick’s (2001) example referred to a group of neighbors who purchased a public entertainment center in their neighborhood. While all ‘benefited’ from the purchase Nozick argued that not all were obliged to pay for the purchase (p. 93). 8 The literature on inequality is vast. See Cornell University’s Website for a summary of the most recent findings: http://inequality.cornell.edu. 9 Mill objected to: ‘the whole character of the marriage relation as consti- tuted by law…for this amongst other reasons, that it confers upon one of the parties to the contract, legal power & control over the person, property, and freedom of action of the other party, independent of her own wishes and will…[H]aving no means of legally divesting myself of these odious powers…[I] feel it my duty to put on record a formal protest against the existing law of marriage, insofar as conferring such powers; and a solemn promise never in any case of under any circumstance to use them.’ Cited in Shanley (1998, p. 396). 10 Mill made a similar point in his 1867 Reform Bill intended to enfranchise women. ‘The world had changed,’ Mill noted, and ‘[t]he notion of a hard and fast line of separation between women’s occupations and men’s – of forbidding women to take interest in the things which interest men – belongs to a gone-by state of society which receding further and further into the past.’ (Cited in van Weingarten, 1999, p. 12). Singer (1974) notes a similar point in his analysis of discrimination against minorities in democratic communities. If a minority is consistently discriminated against it will depend upon the history of a community, whether prejudice is manifest in decisions, but also the attitude of prominent members of the community towards the group. It is hard to decide in these circumstances who is best placed to make a decision about the unfairness of treatment. As Singer notes, if it is left to the minorities in question then whatever reasons were given for obedience will lose their weight. Yet, if the decision is left to the majority then they are likely to rule in their favor. ‘There is no solution to this problem…It must be left to the group concerned, and we must hope that the criteria I have outlined are sufficiently clear to prevent too many wrong decisions’ (p. 63). 11 McCloskey (1980) makes a similar point: ‘Where not merely personal con- venience but one’s carefully thought out, sincerely held moral beliefs dictate disobedience, a new factor enters, such that disobedience is not only morally permissible but in a sense basic to morality, morally necessary. One cannot be moral by acting contrary to one’s beliefs. One must act according to what one believes to be right’ (p. 542). 12 For one thing, it is almost impossible to say whether civil disobedience will persuade a state to change its policy on a given issue; at least at the beginning of the protests. Early demonstrations conducted at the beginning of the Civil Rights Movement would probably not have suspected that event- ually the Civil Rights Act would come into effect. 13 The 1997 Protection from Harassment Act, amended by the 2005 Serious Organized Crime and Police Act, created an offence of trying to ‘persuade any person…not to do something that he is entitled or required to do’ or Notes 173

‘to do something that he is not under any obligation to do.’ Harassment was deﬁned as ‘alarming the person or causing distress.’ Protection from Harassment Act 2005, Section 125. In 2001, protestors outside the US intel- ligence base at Menwith Hill were prosecuted for ‘distressing’ American ser- vicemen by holding up a placard reading ‘George W Bush? Oh dear!’ See the related story, ‘This is Now a Protest for Democracy’, George Monbiot, Guardian, August 7, 2007. 14 The recent nonviolent civil disobedient actions in Myanmar (formerly Burma) seem to support his view. However, only time will tell whether these actions and others like them prove successful.

Chapter 4 The Politics of Perception

1 See, for example, Mattingly (1958). 2 He would provide a similar analysis in his Discourses on Livy, Chapter 25. 3 Elizabeth was even more acutely aware of appearance than Henry. Her image appeared in allegorical paintings and her court became a fantasy world of glamour and magic, something that Spenser immortalized in his poem The Faerie Queen; a work that found sufficient favor with Elizabeth to ensure the poet received a pension for life. 4 Thomas More noted something similar in his fictional account of Utopia: ‘People like aristocrats, goldsmiths, or money-lenders, who either do no work at all, or do work that’s really not essential, are rewarded for their lazi- ness or their unnecessary activities by a splendid life of luxury. But labour- ers, coachmen, carpenters, and farmhands, who never stop working like cart-horses, at jobs so essential that, if they did stop working, they’d bring any country to a standstill within twelve months – what happens to them?’ (1965, p. 129, my emphasis). 5 See Mark Philp’s (1979) analysis of Paine’s legacy. 6 For the origins of human game playing see Johan Huizinga (1971). 7 It is for this reason, among others, that Kateb applauds her approach. See Kateb (2002). 8 For an Aristotelian interpretation, see Jurgen Habermas (1977). For a Nietzschean interpretation, see Kateb (1984) and Shklar (1983). For a Heideggerian version, see Dana Villa (1996). On the influence of Saint Augustine, see Hannah Arendt (1999). 9 Arendt (1971) notes in The Life of the Mind: ‘When everybody is swept away unthinkingly by what everybody else does and believes in, those who think are drawn out of hiding because their refusal to join in is conspicuous and thereby becomes a kind of action’ (p. 192). 10 For a similar reading of Arendt, see Lewis P. and Sandra K. Hinchman (1984). For a close reading of Arendt’s view of power and how it differs from standard views, see Terence Ball (1990). 11 Arendt continued to remain suspicious of the partisanship of such organ- izations, however. In her essay ‘Public Rights and Private Interests’, she noted the following: ‘…but it [the public right] has degenerated into lobby- ing, that is, into the organization of private interest groups for the purpose of public, political influence’ (1979, p. 105). 12 See also, Chaney (1983). 174 Notes

Chapter 5 Civil Disobedience, Alienation, Political Rupture

1 This did not mean that revolution and mass civil disobedience was not encouraged and promoted elsewhere. We shall see some evidence of this in the next chapter. 2 Smith (1776/2007) noted in Book 4 of The Wealth of Nations that capitalism made a man as ‘stupid and ignorant as it is possible for a human creature to become. The torpor of his mind renders him, not only incapable of relish- ing or bearing a part in any rational conversation, but of conceiving any generous, noble, or tender sentiment, and consequently of forming any just judgment concerning many even of the ordinary duties of private life…His dexterity at his own particular trade seems, in this manner, to be acquired at the expense of his intellectual, social, and martial virtues. But in every improved civil society this is the state into which the laboring poor, that is, the great body of the people, must necessarily fall, unless government takes some pains to prevent it’ (pp. 302–3). 3 This, it seems to me, gets us closer to a view of unalienated labor, supple- menting the often-quoted excerpt from The German Ideology that presents a view of the ‘multi-activity’ society. 4 Controversy surrounded Marcuse’s statement about the use of violence as this appeared in Counterrevolution and Revolt. However, in an interview with Bryan Magee for the BBC in 1972 he clarified his comments by suggesting that the use of violence could only be justified in ‘self defense.’ He also spoke out openly against terrorist actions in Germany in the article ‘Murder Is Not a Political Weapon.’ Marcuse’s commitment to non-violent revolution was entirely consistent with Marx’s own views. In 1872 in a tract entitled: ‘The Possibility of Non-Violent Revolution’ Marx noted: ‘You know that the institutions, mores, traditions of various countries must be taken into consideration, and we do not deny that there are countries – such as America, England, and if I were more familiar with your institutions, I would perhaps also add Holland – where the workers can attain their goals by peaceful means’ (see Tucker, 1972, p. 523). 5 Christopher Hitchens (1998) described this state of affairs recently as a ‘present tense culture’ unconcerned with history where, in fact, to say to someone ‘You’re history’ is a term of abuse. 6 See Douglas Kellner’s excellent discussion of Marcuse, Orwell and Huxley: From 1984 to One-Dimensional Man – Critical Reflections on Orwell and Marcuse. (http://www.gseis.ucla.edu/faculty/kellner/illumina%20folder/ kell13. htm). Downloaded April 11, 2008. 7 It was later published in Arts Magazine in May 1967. This ‘desperation’ can be identified in other of Marcuse’s works. As Douglas Kellner notes, ‘throughout the last chapter of One Dimensional Man there are frequent expressions of a stoical and defiant individualism – and occasional qui- etism…a personal withdrawal quite foreign to Marxist activism…’ (1984, p. 279). 8 The phrase comes, of course, from the title of Robert Hughes’ (1980) work on the birth of modern art. 9 The defender of liberatory art seems closer here to a defender of the Romantic self of the kind found in Mill (1983) than in Marx. Consider Notes 175

Mill’s discussion of the consequences of the production process in On Liberty: Now people ‘read the same things, listen to the same things, see the same things, go to the same places, have their hopes and fears directed to the same objects, have the same rights and liberties and the same means of asserting them…And the assimilation is still proceeding. All the political changes of the age promote it, since they tend to raise the low and lower the high’ (p. 139). 10 See http://www.banksy.co.uk 11 With reference to the commercial success of Banksy’s work, see Fisher (2008). 12 This would seem to run counter to the view that dramatic events can affect attitude change. See, Riley and Pettigrew (1976). 13 He noted: ‘I should like to add that a man is so made by nature to require him to restrict his movements as far as his hands and feet will take him. If we did not rush about from place to place by means of railways and other maddening conveniences, much of the confusion that arises would be obviated…’ (1979, p. 51). 14 In the case of Martin Luther King Jr. and Mohandas K. Gandhi, what is ‘reflected back’ to the consumer is not the possibility of social and political struggle but the change that only broadband and cell phone technologies can bring. Perhaps the most extraordinary use of Gandhi as ‘celebrity’ was Italia Telecom’s (2004) appropriation of Gandhi’s image and lifestyle. In this particular example, Gandhi delivers his ‘One World’ speech, a spinning wheel in the background, directly into a web camera. The images are then broadcast simultaneously to different locations around the world. A group of Masai warriors even manage to pick up Gandhi’s message using their laptop(!) The 60-second commercial may be downloaded at the following site: http://www.gandhiserve.org/streams/ti.html. (Accessed July 14, 2008). 15 For Baudrillard’s supporters this means that dissent is impossible as reality is no longer a reference point. See Barry Smart (1993). 16 In the early 1970s, Lionel Trilling’s (1972) classic study noted that sincerity has fallen on hard times. They heyday of sincerity has passed and with it society had moved instead into the realm of authenticity. Yet, as Guignon (2004) noted in his recent study of the notion of authenticity: ‘What if many of our deepest and most personal thoughts and desires are actually products of the latest fads and fancies purveyed by the media? And how are we to know that what we find deep within ourselves is something to be embraced and expressed in public space rather than something to be worked over, concealed or replaced? What if the whole notion of the inner- most self is suspect? What if it turns out that the conception of inwardness presupposed by the authenticity culture, far from being some elemental feature of the human condition, is in fact a product of social and historical conditions that need to be called into question?’ (p. 10). Both concepts, it appears, are now deeply problematic. 17 See www.adbusters.org 18 Zizek (2008a) discusses the significance of withdrawal from the political system in another work of fiction, José Saramago’s novel Seeing. The popula- tion of a small city refuses to legitimize a political system by withholding their votes on polling day thereby rejecting the very framework of decision- making. 176 Notes

19 The reference is to the character Willie Lomans and his existential com- plaint in Arthur Miller’s Death of a Salesman. 20 This view is consistent with critiques offered by critics such as Furedi (2004) and Durodié (2004). See also the recent report by Frederic Crews (2007). 21 Charles Taylor (1992) published the original essay with this title. Furedi’s thesis is supported by the notion of the ‘third concept of liberty.’ See David Sidorsky (2001) for a discussion of the implications of the ‘recognition’ thesis. 22 Growing inequality within advanced nations, notably the US which saw inequality reach levels unseen since the 1920s, did not prompt widespread outcry but merely conﬁrmed what many already knew: life in the context of globalization was profoundly unsettling. Within academia commentators such as Paul Krugman and Robert Frank pointed to the behavioral effects of economic anxieties while a similar message was popularized by theorists who examined the history of ‘status anxiety’. See De Botton (2004). 23 The world-wide protests on February 15, 2003 against the second Gulf War, and the demonstrations that regularly accompany World Economic Forum and G8 summits support this view.

Chapter 6 Disobedience: International or Cosmopolitan?

1 For detailed documentation of yearly protests from 2000 onwards see the Global Civil Society Yearbooks that originate from the London School of Economics and the University of California at Los Angeles. 2 Similar distinctions have been advanced by McGrew (2002). 3 See Chapter 3, Section 3. 4 In the Metaphysics of Morals, Kant noted that even a state that is attacked may defend itself except in a way that reduces its citizens to a level where they can no longer function as citizens. They cannot be used as a means to an end. They cannot be used as spies, assassins, sharp shooters, poisoners, or propagandists because this undermines the possibility in the future of a lasting peace. 5 For a discussion see Bohman (1997). 6 Kant (1991d) actually made a distinction between a political moralist and what he termed a moral politician in Perpetual Peace. The moral politician is, he says, ‘someone who conceives of the principles of political expediency in such a way that they can coexist with morality.’ Whereas a political moralist is someone ‘who fashions a morality to suit the interests of the statesman.’ The moral politician works towards what he thinks is in the true ethical interests of man. The political moralist on the other hand unites politics and morality in entirely the wrong way. He takes advantage of the natural desire of men to see the aims of their leaders in a moral light to create an ethic that merely serves the purpose of those few in power (pp. 116–18). For a recent discussion of various views of moral leadership see Rhode (2006). 7 See How Freedom is Won – From Civic Resistance to Durable Democracy (NY: Freedom House, 2005). 8 See The Human Security Report, http://www.humansecurityreport.info/ index (Accessed January 3, 2006). Notes 177

9 It is also important to note that the term ‘civil disobedience’ is rarely used in this discussion while the term non-violence is. 10 Tariq Ali (2003) similarly notes that civil society rarely confronts power directly and leads to a liberalization of cultural values but not to the democratization of a political regime. With respect to Iraq he noted: ‘NGOs will descend on Iraq like a swarm of locusts. Intellectuals and activists of every stripe will be bought off and put to work producing bad pamphlets on subjects of purely academic interest. This has the effect of neutering potential opposition, or to be more precise, of confiscating dissent in order to chan- nel it in a safe direction. Some NGOs do buck the trend and are involved in serious projects, but these are an exception’ (p. 3). 11 From the outset, a commitment to the principles of non-violence has been an important component of these transnational groups, codified in the World Social Forum Charter. See http://www.wsfindia.org/charter.php (Accessed January 3, 2008). 12 Goldfarb (2006) picks up on this notion. ‘When ordinary people got together around the kitchen table in the former Soviet bloc, they added a new dimension to their society. Their informal interactions proved that total- itarian politics and culture have social limits, structured by ordinary people interacting with each other outside of official definition’ (p. 143). 13 And dangerous ones. Rowan Williams, the current Archbishop of Canter- bury and a commentator who sympathizes with Shanks’ position (see Williams, 2003), faced an enormous backlash when trying to ‘shake’ his own faith community in the UK in 2008 on the subject of Sharia Law and the English Constitution. 14 This seems an almost natural progression for resistance movements. Con- sider, for example, the transition that has taken place since 2001 at the World Social Forum as it has moved from a space to air grievances to an alternative policy forum. Bibliography

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Ackerman, P. and Duvall, J., 2, 135, consent, 23, 37, 47, 56–63, 65, 147 68–9, 88, 91, 160, 162, Adams, G. and Balfour, D., 44 171 Adorno, T., 45 cosmopolitan, 24, 134–64 Ali, T., 108, 177 Couliano, I. P., 83, 85 anagnorisis, 30 Critchley, S., 23 Anheier, H., 145, 147, 151 Critical Mass, 6, 167 Antigone, 13, 29, 30, 31 Cudd, A. E., 72 Arendt, H., 21–4, 45, 94–105, 123, 128, 154–5, 168 Daube, D., 17, 26 Aristophanes, 30, 34, 37, 170 democratization, 135, 136, 147–51, Augustine, 38, 52–3, 78, 82, 85, 173 177 Durodié, B., 131, 176 Bacon, F., 86 Dworkin, R., 1, 6, 170 Banksy, 121, 175 Bauman, Z., 43–4, 125–32 Eichmann, A., 45 Beck, U., 3, 23, 24, 124, 127, 130, Erasmus, 54, 55, 85 131, 137, 145, 146, 157, 159–62 Falk, R., 151 Bedau, H. A., 8 Fromm, E., 45, 78 Bentham, J., 74 Fukuyama, F., 107 Billington, R., 14, 64, 68 Furedi, F., 129, 176 Bleiker, R., 87, 88, 90, 132 Bloch, E., 127 Gandhi, M. K., 1, 6, 8, 16, 123, 147, Boétie, E., 24, 87–93, 96, 119 149, 175 Bohman, J., 146, 176 Gellately, R., 44 Bourdieu, P., 80 Giddens, A., 107, 127–8 Boyle, F. A., 12 Gilgamesh, 27 Browning, C., 44 globalization, 12, 23, 24, 131, 134–41, Bruno, G., 83–5, 87 144, 145, 147, 151, 157–8, 161, bureaucracy, 40, 43, 45, 71, 99 186 Goldhagen, D. J., 44 Cassirer, E., 104 Gramsci, A., 21–3 catharsis, 30 Greaves, R. L., 41, 42, 132 Cicero, 32, 171 Green, L., 54 Civil Rights Movement, 17, 64, 108, Grifﬁn, B., 12–13 117, 128, 172 Clarke, P. A. B., 45, 49, 154 Hampshire, S., 20, 23 Cohen, J., 9, 10 Hartz, L., 112, 171 Cohen, S. and Taylor, L., 108, 124, Held, D., 43, 144, 151, 157–8, 161, 125 165 conscience, 1, 7, 13–15, 19, 25, 31–5, Herzog, D., 69 70, 85, 99, 155, 168 Hilberg, R., 44

193 194 Index

Hobbes, T., 48, 55–8, 69, 89, 93, 140, Nozick, R., 63, 172 170 Nuremberg, 11 Hobsbawm, E., 17, 50, 119, 144, 163 Hondereich, T., 19, 169 obligation, 12, 15, 23, 30, 35–7, 47, Hume, D., 39, 68–9 56, 58, 60, 61–8, 70, 76, 145, 162, 171, 173 imagination, 23, 49, 78–80, 84, 96, Orange Revolution, 136, 147, 150 97, 104, 109, 117, 123, 129, Orwell, G., 115, 125, 174 132 Paine, T., 90, 142, 154, 168, 173 Job, 26–7 Pateman, C., 64, 68 Judt, A., 109, 131 Patocka, J., 155–6 Pech, B., 15 Kant, I., 45, 658, 137–46, 166 People Power, 2, 135, 146–54 Kateb, G., 49, 93–4, 173 Pitkin, H., 63–4 Kellner, D., 113, 117, 120, 123, 132, Plato, 32–7, 71, 81, 83, 95, 123, 124, 169, 174 170 Kelman, H., 44 presumptive goods, 62–3 Keohane, N., 87, 89, 93 Kierkegaard, S., 37 Rawls, J., 14, 15, 20, 23, 62–8, 76, King, M. L., 1, 6, 16–18, 32, 62, 123, 137, 171 147, 166 rebellion, 27, 59, 60, 67, 88, 103, 109, Klosko, G., 62–3 117, 119, 122, 125 Konstan, D., 31 revolution, 14–17, 20, 22, 39, 58, 59, 64, 68, 81, 88, 90, 95, 99–101, liberalism, 20, 66–76, 107, 112, 156 106, 100, 112, 123, 124, 129, 132, Locke, J., 38, 55, 58–62, 65, 69, 138, 136, 138, 143, 147–51, 154–6, 171 169, 174 Lorenzetti, A., 78–9 Robinson, B., 136, 149, 151 Rorty, R., 107 Machiavelli, N., 82–4, 86–8, 90, 170 Rousseau, J. J., 56, 91, 154 Macpherson, C. A. B., 69 Russell, B., 8–10 Marcuse, H., 24, 108–25, 129, 132, 169, 174 Sands, P., 12 Marlowe, C., 55 Sassen, S., 3, 145 Marx, K., 24, 109, 112–17, 119, 121, Sennett, R., 39–40, 48, 82, 120, 126, 124, 174 163 Meyers, D., 2, 168 Shakespeare, W., 55 Milgram, S., 25, 48 Shanks, A., 155–7, 187 Mill, J. S., 23, 43, 70–7 Sharp, G., 17, 87 Milton, J., 55 Singer, P., 4–5, 14, 145, 172 mimesis, 81 Sophocles, 28–9 Montaigne, M., 87–8 Spartacus, 53 moral distress, 72, 75–7 suffering, 9, 26, 46, 55, 60, 128, More, T., 85–7, 173 168 Superpower, 146, 151–2 Natural Law, 38, 58–9, 171 Nonviolence, 16–20, 24, 100, 137, The Matrix, 125 146–8 Thoreau, H. D., 1, 8, 13–14, 16, 168 Index 195 van Weingarten, S. A., 18, 172 Weber, M., 38–43, 61, 94, 153 Vernant, J. P., 81 Wilson, A., 150 Vinthagen, S., 6, 17–18 Wink, W., 19 violence, 4, 16–20, 24, 76, 81, 82, 91, Wolin, S., 80, 151–4, 167 92, 94, 96, 99, 100, 107, 114, 116, Wollstonecraft, M., 69 137, 138, 140, 141, 146–51, 161, World Trade Organization, 3, 159 168, 169, 171, 174 Wright Mills, C., 10

Wainright, H., 3, 22 Zinn, H., 10 Waldron, J., 72, 75, 169 Zizek, S., 7, 108, 109, 126, 132, 165, Walzer, M., 41, 61, 62 169