Takin' It to the Streets: Hare and Madden on Civil Disobedience

Peter Hare and Edward Madden explored the concept of civil disobedience between 1968 and 1978. They sought to clarify the concept of civil disobedience by outlining its various forms, identifying its components, and describing the kinds of situation where its use is and is not legitimate. They considered a number of recent and contemporary cases, including World War II resistance efforts, the Vietnam war protests, the American civil rights and Black Power movements, protests for women's reproductive rights, and physicians' strikes. Arguing primarily on the basis of human rights theory, they conclude that civil disobedience, including violent actions, can be justified in a variety of situations. They explicitly respond to two extant arguments against robust acts of civil disobedience: that they are unwarranted because they promote social instability, and that they are unnecessary given the procedural provisions of the U.S. legal system.