Civil Disobedience Vs Lawbreaking Essay Research Paper

Civil Disobedience Vs. Lawbreaking Essay, Research Paper

Because civil disobedience includes the violation laws, it is difficult to conclude whether an act is one of civil disobedience, or lawbreaking. During times of social strife- when a society is divided in opinion- there exists much controversy over whether or not certain acts of protest are qualified as civil disobedience. Within their definitions, the differences between civil disobedience and lawbreaking are clear. However, it is difficult to decipher whether a certain act is one of civil disobedience or lawbreaking, especially during a time when a society is divided and its differing opinions are non-negotiable.

The Declaration of Conscience against the War in Vietnam, written by David Dellinger et al in 1965, is a prime example of the difficulty in arguing whether an act is lawbreaking or civil disobedience. The Declaration of Conscience broke the law in its counseling of others to refuse to serve for the Vietnam War. Those who signed the Declaration were aware of their violation of law; it was noted that the signing or distribution of the Declaration of Conscience .might be construed as a violation of the Universal Military Training and Service Act. (Dellinger et al, 841). It is clear that the Declaration violated laws. However, to some, the it was also a demonstration of civil disobedience. Those who supported the war, fearing that its end would have devastating effects worldwide, found the Declaration to be an act of lawbreaking. Those who opposed the war did so for moral reasons, and therefore declared that signing the Declaration was an act of civil disobedience. Divided in opinion, it nearly impossible for these groups to negotiate their differences, for both sides had logical bases in their arguments.

Lawbreaking and civil disobedience have differing purposes, goals, motivations and intended actions. In his essay .Civil Disobedience., Henry David Thoreau writes, .Unjust laws exist: shall we be content to obey them or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once.. (Thoreau). The purpose of civil disobedience, in other words, is to call attention to an unjust law, and ultimately change it. The civilly disobedient desire to change a law based upon their moral principles, and, by acting upon these principles, seek to benefit society. Furthermore, because they are prepared to accept the punishment for their lawbreaking, hoping to draw attention to the unjust law, the civilly disobedient prove their intents to be entirely selfless.

Lawbreaking, on the other hand, lacks the moral justification and purpose of civil disobedience. Unlike civil disobedience, lawbreaking does not have a purpose or goal that may benefit society. On the contrary, the objective of lawbreaking is usually personal gain. Because its goals are selfish, benefiting none other than the violator of the law, one can argue that lawbreaking has no moral justification. Because lawbreaking is unjustifiable for moral reasons, lawbreakers avoid the consequences of their actions, whereas the civilly disobedient face their consequences in order to call attention to the unjust law. Lacking its moral intents and selfless goals therefore, lawbreaking and civil disobedience differ greatly from each other.

A defining characteristic of civil disobedience is the intent of non-violent, passive resistance to law. However, since civil disobedience usually takes place during a time of great social strife, acts of peaceful resistance have historically been countered with violence from the side of those whose intent it was to preserve the status quo. The actions of civil disobedience are intended to be peaceful. There exists, however, no nonviolent or violent intent in lawbreaking. Lawbreaking does not always include violence. Because there is not moral reasoning for it however, lawbreaking could result in violence if the situation called for it.

To some, the Declaration of Conscience was an act of civil disobedience. Although it had broken the draft law, the violation was justified because of its purposes and goals, according to those who opposed the war. By calling attention to the unjust draft law, signers and distributors of the Declaration ultimately wanted to put an end to the war in Vietnam- an event that would benefit America, as well as Vietnam. According to their beliefs, those who signed the Declaration selflessly strove to benefit society and not themselves. Because of this, the signing of the Declaration of Conscience could have been considered civil disobedience.

An act of civil disobedience must also be motivated by morality. Thoreau stated in his essay, .If [the law] is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. (Thoreau). Those who opposed the Vietnam War did so because causing injustice to other human beings was not moral. The Declaration stated, .The use of the military resources of the United States in Vietnam and elsewhere suppresses the aspirations of the people for political independence and economic freedom. (Dellinger et al, 840). Furthermore, the Declaration noted, .Inhuman torture and senseless killing are being carried out by forces armed, uniformed, trained, and financed by the United States. (Dellinger et al, 840). Following Thoreau.s belief that one should never ca