Scientific article
OA Policy
English

Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties

Publication date2021
Abstract

This paper seeks to investigate and assess a particular form of relationship between the State and its citizens in the context of the COVID-19 pandemic, namely that of obedience to the law and its related right of protest through civil disobedience. We do so by conducting an analysis and normative evaluation of two cases of disobe-dience to the law: (1) healthcare professionals refusing to attend work as a protest against unsafe working conditions, and (2) citizens who use public demonstration and deliberately ignore measures of social distancing as a way of protesting against lockdown. While different in many aspects, both are substantially similar with respect to one element: their respective protesters both rely on unlawful actions in order to bring change to a policy they consider unjust. We question the extent to which healthcare professionals may participate in civil disobedience with respect to the duty of care intrinsic to the medical profession, and the extent to which oppo-nents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Draw-ing on a contractualist normative framework, our analysis leads us to conclude that while both cases qualify as civil disobedience in the descriptive sense, only the case of healthcare professionals qualifies as morally justified civil disobedience.

Keywords
  • Civil disobedience
  • Covid
  • Pandemic
  • Contractualism
  • Rights
Citation (ISO format)
DELLA CROCE, Yoann, NICOLE-BERVA, Ophelia. Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties. In: Criminal Law and Philosophy, 2021. doi: 10.1007/s11572-021-09592-7
Main files (1)
Article (Published version)
Identifiers
Additional URL for this publicationhttps://link.springer.com/10.1007/s11572-021-09592-7
Journal ISSN1871-9791
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397downloads

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Creation29/07/2021 23:20:00
First validation29/07/2021 23:20:00
Update29/07/2026 12:14:07
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