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This forces lawful authorities to concern themselves with the risk that law-abiding citizens will feel distressed, insecure, and potentially imposed on, if no motion is taken. Even when officers make accurate judgments about which functions to justification, citizens could draw mistaken inferences, and restraints of deterrence and norm acceptance may be weakened for unjustified functions that resemble justified kinds (Greenawalt 1987, 273). What follows is that all these violations, justified and unjustified, need to be handled the exact same. Kent Greenawalt lays out good reasons to maintain that civil disobedients are entitled to the same punishment as others who breach the exact guidelines. Some theorists accept the worth of constitutional challenges but argue that at the time the legislation is discovered by a high court to be constitutional and wiki.elte-Dh.hu disobedients’ initial conviction is upheld, disobedients have a obligation to accept their punishment and identify the law’s validity (Fortas 1968 Nussbaum 2019, 177). In contrast, Dworkin argues that forcing citizens to obey court docket choices - such as the Supreme Court’s - would indicate forcing them to do a thing their conscience forbids them to do, which would contravene the constitutional imperative, entrenched in the First Amendment and rooted in dignity, to regard individuals’ "right to conscience" and guard their independence of speech
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Dworkin (1978) outlines what such a proper of carry out could glimpse like, analogizing civil disobedients with Supreme Court justices, who test the constitutional validity of (unjust) law by way of immediate disobedience of that legislation. Leniency follows from the recognition of the unique constitutional position of civil disobedience. However, this proposal could sum to letting judges assess the worthiness of person civil disobedients’ results in, which would not on its own ensure judicial leniency. Mantena identifies "three faces of nonviolent action", which we can reframe as realists’ account of the triple benefit of civil disobedience: 1) morally, civil disobedience is the proper signifies by which oppressed persons can get back dignity and self-respect 2) strategically, it is a essential signifies to just and steady political final results and potential democratic harmony and 3) tactically, the dramatization of civil disobedients’ willpower performs effectively to persuade opponents. But several other theorists defend at minimum a restricted appropriate to engage in civil disobedience irrespective of a unique act’s justification, provided the common value of the apply