Civil Disobedience : Theory and Practice

The extermination camps of the Nazis, the incineration of Hiroshima and Nagasaki, the My Lai massacre (Vietnam), the ongoing torture and rape of innocent civilians and the violence waged by governments against their own citizens in various parts of the world are all testimonials proving that men are entirely capable of committing yet greater catastrophes in the name of "superior orders." In this age of nuclear and other weapons of mass destruction, an unyielding, "NO" may prove to be our sole password to the future. Students of law know that radical changes in the social, political and legal consciousness of societies are caused not by incremental change-oriented lawyers but by those who say and continue to say "NO" to the unjust commands of duly constituted authority. In this course, we will engage in learning the theory, practice and legal justifications of civil disobedience. Case studies and our imaginations about challenging the select, oppressive rules of law will be the food for thought in this course. In particular, we will discuss issues such as the necessity defense; jury nullification; the fugitive slave law; the Kvorkian phenomena (aiding one to take one's life); Operation Rescue and its impact on choice, the Stonewall riots aimed at asserting the issue of the dignity of gay and lesbian lifestyles; the civil rights movement; and objections to war based on conscience. Please join if you really believe in the theology of liberation and CUNY motto: Law in the Service of Human Needs.

Fall, Spring