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Jurisprudence Commons

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

2016

Natural law

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Civil Dissent By Obedience And Disobedience: Exploiting The Gap Between Official Rules And Societal Norms And Expectations, Daniel R. Correa Jan 2016

Civil Dissent By Obedience And Disobedience: Exploiting The Gap Between Official Rules And Societal Norms And Expectations, Daniel R. Correa

Washington University Jurisprudence Review

Civil dissent comes in many forms, from peaceful protest to open violation of official rules. But strict obedience to official rules may also serve as a dissenting act. Professors Jessica Bulman-Pozen and David E. Pozen examine obedience as dissent in their article, Uncivil Obedience. The term “uncivil obedience” is meant to capture what Bulman-Pozen and Pozen consider the paradox expressed by “insolence toward law” through conformity to law. This inversely mirrors the paradox expressed by a civil disobedient’s fidelity to law through violation of law.

Conceptually, ‘uncivil obedience’ is best understood as a form of civil disobedience. An uncivil ...


Freedom, Legality, And The Rule Of Law, John A. Bruegger Jan 2016

Freedom, Legality, And The Rule Of Law, John A. Bruegger

Washington University Jurisprudence Review

There are numerous interactions between the rule of law and the concept of freedom. We can see this by looking at Fuller’s eight principles of legality, the positive and negative theories of liberty, coercive and empowering laws, and the formal and substantive rules of law. Adherence to the rules of formal legality promotes freedom by creating stability and predictability in the law, on which the people can then rely to plan their behaviors around the law—this is freedom under the law. Coercive laws can actually promote negative liberty by pulling people out of a Hobbesian state of nature ...