É justo obedecer a leis injustas? Desobediência civil e o exercício da democracia em John Rawls
This paper aims to verify the compatibility between the practice of civil disobedience and the structure of a constitutional democratic society within the theory of the American philosopher John Rawls. To do so, basics that permeate Rawls’s theory of justice as fairness are analyzed - with partic...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/30272 |
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| Resumo: | This paper aims to verify the compatibility between the practice of civil disobedience and the
structure of a constitutional democratic society within the theory of the American philosopher
John Rawls. To do so, basics that permeate Rawls’s theory of justice as fairness are analyzed -
with particular emphasis on his idea of social contract and its arising principles of justice - its
later configuration as a political conception of justice for a society as the main ideas and
conceptions related to this concept are also explored. This paper also investigates the notions
of justice and legitimacy of Law from a rawlsian perspective, as well as the analysis as
considerations of the author on the rule of law. The fundamentals of obedience to the law are
also approached from the perspective of justice theory as fairness, focusing on the applicable
principles of justice to individual: the principle of fairness and the natural duties. It also
promotes an analysis of the concept of civil disobedience, emphasizing its definition,
justification and its role in democratic society, as well as distinguishing other forms of dissent
from the law, such as militant resistance and conscientious objection. It still points out
similarities and differences between Rawls's concept of civil disobedience and those from other
authors such as Etiénne de La Boétie, Henry David Thoreau, Hugo Adam Bedau, and Martin
Luther King. In the end, it is argued that civil disobedience has a stabilizing and therapeutic
feature in democratic society and serves not only as a device for defending constitutional
justice, but also as an appeal to maintain political order in the terms of public reason idea,
although it is, in Rawls' theory, an excessively restrictive concept that does not reach the
dimension of the conflict between democracy as a set of institutions and civil disobedience as
an extra-institutional democratic manifestation that can assume insurrectional forms. |
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