When Can We Break the Law?

From Claygate
Choose from the Philosophy Menu Bar ▼
HOME
INDEX
Justice
6.v.25
The Good Life
20.v.25
Hume & Testimony
3.vi.25
1H25 Reflections
17.vi.25
Nietzsche 1
24.ii.25
Nietzsche 2
11.iii.25
Universal Basic Income
25.iii.25
Hegel
22.iv.25
2024 Wrap-Up
10.x.24
Democracy
14.i.25
Civilisation?
28.i.25
Compulsory Voting?
11.ii.25
Berlin and Freedom
15.x.24
Nussbaum, Sen and Capability
29.x.24
Slavery Reparations
12.xi.24
Rawls
26.xi.24
Assisted Suicide
11.vi.24
Popper and Evolution
20.viii.24
Popper continued
17.ix.24
Berlin and Romanticism
1.x.24
Marx
19.iii.24
Kant and Knowledge
16.iv.24
Kant and Morality
30.iv.24
Education and Religion
14.v.24
Hobbes & Security
23.i.24
From Locke to Mill
6.ii.24
Rousseau: Social Contract
20.ii.24
Rousseau and Education
5.iii.24
AI and Ethics
31.x.23
Aristotle and AI
14.xi.23
Autumn 2023 Review
28.xi.23
Democracy
9.i.24
Private Education
5.ix.23
The Very Elderly
19.ix.23
Justifiable Law-breaking
3.x.23
Moral Authority
17.x.23
The Wells School of Philosophy

Roll Call

3rd October 2023, Hare Lane, 1000-1200 hrs:

Tutors: Linda (L), Steve (S)

Pupils: Julia (JA), Alexis (A), David (DR), Margie (M), Viki (M), Gavi(G)

Critiques of the Preparatory Material

  • The Moral Maze programme[1] was frustrating and the discussion a bit weedy, with none of the regulars shifting position as a result of the debate.
  • The New York Times article[3] from 1964 was difficult to access. (The full text is attached at the end of this summary.)

Damaging the Environment

  • Climate change is clearly happening. This year saw massive fires then floods in Greece, for example.(D)
  • Cement production apparently produces 8% of the world's greenhouse gases.(V)
  • One flight in Europe undoes all the good done by a vegan's avoidance of meat for a year.(V)
    • The government should stop subsidising aircraft fuel.(V)
    • We should reduce our spending on clothes, food from overseas, building works etc.(M)
    • Greta Thunberg recommends we consider the environmental impact of every daily activity, such as clothes-washing.(M)
      • But many families are too busy to do this.(L)
  • An analogy to our climatic future: if the world knew it faced annihilation in five years from impact with an asteroid unless scientists worked together to divert it, would they do so? Or would in-fighting between nations be too disruptive?(V)
  • Some organisations over-egg the pudding: there was a recent newspaper story of an academic who felt forced to slant his recent paper toward climate change in order to achieve acceptance. And in the West Country, a notice claimed that a clifftop tower was being moved for a second time in its existence because of climate change when erosion of the cliff face has been happening for millennia.(V)

The Ballot Box

  • When people vote in parliamentary elections, they usually have mixed, conflicting motives: self-interest vs. what they believe is best for society.(S)
  • There are huge forces acting on government when compared to the impact of one individual: big business, lobby groups, unions etc.(L)
  • If in a hypothetical UK parliamentary election, Party A gets 40% of the vote, Party B gets 30% and Party C also gets 30%, then Party A forms the government, even though they were voted in by a minority. It may be that on a particular issue, they think one way, whereas Parties B and C both a different, but identical way—so on that issue, the view of the absolute majority are not implemented.(L)
    • So is democracy fundamentally flawed?(S)
    • Are there some issues which are so qualitatively different (to the norm)—perhaps existential for huge swathes of humanity—that they justify breaking the law?(S)
      • And isn't the UK government breaking the law on its own Net Zero commitments?(S)
    • Sunak seems to be targeting the pet peeves of special interest groups—for instance, some motorists' dislike for ULEZ and 20mph zones.(A)
      • Like Trump, he seems to be exploiting suspicions of a deep state acting against our interests.(S)
    • The Lib Dems seem, in general, to have a policy of not building on the Green Belt in order to win rural Tory seats.(S)
    • We're not getting the people we want in power because of the absence of proportional representation.(L)
    • Instead we have a government of very little talent.(M)

Law-breaking, Civil Disobedience, and Nuisance

  • Rawls says that civil disobedience is acceptable, provided it is organised and employed as a last resort, after much letter-writing.(L)
    • One cannot contemplate law-breaking on a whim. The issue must be sufficiently significant.(V)
    • Unlike Just Stop Oil, Extinction Rebellion does not try to antagonise the public.(M)
  • We are talking about ethical law-breaking, where the offender believes their act is for the good of society—not criminal activity out of malice or for personal gain.(V)
  • There are huge chunks of the population who cannot consider breaking the law because it could endanger their jobs.(G)

Unlawful Acts intended primarily to Advertise a Cause

  • For example, climbing onto gantries over the M25.

Unlawful Acts intended primarily to Disrupt a Disliked Activity

  • For example, blowing up oil pipelines. Showcased on the Chris Packham programme[2], this was felt to be a step too far.
    • Should there be a Hippocratic Oath for activists, to ensure harm is not intended?(S)
  • But Catholics gained the right to stand for parliament in Northern Ireland in part because of violent IRA activity.(V)

Unlawful Acts intended primarily to Demonstrate Strength of Support

  • The Poll Tax demonstrations were violent but effective.(A)

And lastly, Capitalism

  • Big business, the media and newspapers are encouraging rampant consumerism.
  • People have to accept negative economic growth.(JA)
  • We should develop Citizens Assemblies to encourage citizen involvement in their local communities.(S)

Other topics touched on

  • Volunteers at the National Trust resigning after being forced to wear Pride badges, and the need for more minorities in the Trust,
  • Waitrose and a nine-storey block in Hersham,
  • The sense among Palestinians that they are fighting a war,
  • M&S Food in Claygate, and
  • The ending of apartheid South Africa 1989-1994 as a consequence of the collapse of the Soviet Union and its impact on the funding of armed forces in Namibia, Angola and Mozambique.

Books Plugged:

  • Jon Alexander (2022). Citizens: Why the Key to Fixing Everything is All of Us. Canbury.
  • William MacAskill (2022). What We Owe The Future: A Million-Year View. Oneworld.
  • John Rawls (1971). A Theory of Justice. Harvard University Press.

References