conscientious conviction

... (Conscientiousness) the tendency to be organized, careful, and disciplined vs. disorganized, careless, and impulsive. Keywords: Psychological integrity is based (at least in part) on the willingness to acknowledge the significance of personal commitments and ideals. To articulate this claim, Dorman and I differentiated between "fidelity of reason" on the one hand and "fidelity of deference" on the other hand and argued that public officials must act on the basis of fidelity of deference for the act to count as a state's act. If this is so, it follows that public officials must sometimes defer to unjust dictates to be able to provide inherently public goods. I then argue that: a) Brownlee's analysis over-rationalizes the concepts of conscientious convictions and conscience and fails to acknowledge the significance of subjective moral convictions which do not meet her strict requirements of rationality; b) Brownlee's claims concerning public officials and the optimal protection of acts of civil disobedience performed by public officials fail to take into account the significance of acting in the name of the state. More particularly, I shall argue that the moral responsibilities of public officials differ fundamentally from those of citizens, since the former act (at least sometimes) "in the name of the state" and, acting in the name of the state requires a degree of deference to the formal expectations of the office. Brownlee has made an important contribution to the literature on civil disobedience. Any one of those has "a moral right to engage in certain constrained, communicative breaches of law in defence of her cause" (7). First, there are "inherently public goods", namely goods that "cannot be specified and realized apart from the state institutions providing these goods." . For the same reason, a police officer may have an obligation to decline to arrest a known offender even though instructed to do so. In her view, it is precisely when one's moral convictions are communicated publically in ways satisfying certain conditions of consistency and meeting certain logical and evidential standards that they merit respect and give rise to moral and legal rights. ISSN: 1538 - 1617 The moral role thesis states that in cases of non-trivial divergences between the two it is morally obligatory for an agent (ceteris paribus) to depart from formal expectations and follow her moral responsibilities (87). The scope of protecting acts of civil disobedience is, in her view, much broader than the scope of protection favored by traditional liberal theorists. She goes further than most theorists in examining disobedience. First, I want to challenge the strong requirements of rationality and the communicative requirements Brownlee sets out, and secondly, to question her analysis of the responsibilities public officials have. subscribe necessity defence, My critical observations are reminders that such discussions as rigorous as they may be never end in complete non-controversial judgments; they give rise to new questions and challenges. The case concerned the conviction in 2003 of a conscientious objector - a Jehovah’s Witness - for his refusal to perform military service. conscience, In her discussion of civil disobedience, Brownlee extends the moral right to civil disobedience much beyond what is accepted by traditional liberal theorists. One can identify in Brownlee's analysis both conditions that set formal "thin" requirements of rationality (the consistency and the universality conditions) and conditions that require that the conscientious convictions be public (or communicative) rather than private (the non-evasion and the dialogic conditions). The deference requirement demands that, for the purpose of administrating the execution of official pronouncements, an official must suppress his or her own judgment (concerning the method of execution) and open up to the sovereign's judgment. 10. In addition to its rigorous analysis, the book contains lively discussions of real-life examples and hypotheticals designed to illustrate and address all possible objections and establish the centrality of the protection of conscientious convictions and conscience in a liberal society. The conscience argument is narrower and shows that genuinely morally responsive civil disobedience honours the best of our moral responsibilities and is protected by a duty-based moral right of conscience. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. Let me briefly describe these two concepts and then turn to a normative analysis. [2] Zygmunt Bauman, Modernity and the Holocaust (1989). PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). She believes that whenever there is a conflict between the two a person ought to follow (at least presumptively) her moral responsibilities (87). The law ought to recognize these needs and sometimes ought to give priority to them over other values that the law is designed to protect. rights, Kimberley Brownlee, author As Dorfman and I have argued at length,[3] it is often the (moral) duty of the official to defer to the (unjust) judgments of the sovereign in order for the act to be attributable to the state. I would argue that the duty to comply with "the formal expectations of these positions" is much stronger than is acknowledged by Brownlee. She believes that there ought to be two main legal defences for principled disobedience: 1) an excusatory defence of demands of conviction, and 2) a justificatory defence of necessity. All Rights Reserved. This vi ... More. conscientious conviction and political opinion. In Brownlee's view, even public officials must reflect "on the moral merits of the formal expectations we face. Autonomy requires that the agent act based on her commitments and, further, that the agent be able to provide reasons (or partial reasons) for our believing that she had an undefeated reason to act (168). Some conscientious objectors refuse to submit to any of the procedures of compulsory conscription.Although all objectors take their position on the basis of conscience, they may have varying religious, philosophical, or political reasons for their beliefs. Conscientious moral convictions give rise to two moral rights including: 1) a moral right to inner control and free thought (128-139), and 2) a moral right to conscientious action including free expression and civil disobedience (140-151). (103). Let's establish this claim in two steps. Conscientious convictions as understood by Brownlee ought to be "cognitive and reflective"; "hot-headed unthinking, brute devotion" are not part of what she classifies as conscientious conviction (40). (91-92). I believe that incoherent convictions, including the type of convictions Brownlee labels as "obsessions", are crucial for moral development and in particular for developing the type of rational and communicative moral convictions Brownlee favors. . Part II translates the conviction argument and conscience argument into two legal defences. Unlike deterrence and perhaps other goals of punishment, public condemnation is possible in the first place only if it emanates from the appropriate agent. Published to Oxford Scholarship Online: January 2013, DOI:10.1093/acprof:oso/9780199592944.001.0001. democracy, She insists that in such cases, state officials ought to reason, make judgments and act on the basis of their own moral convictions. Exposition virtuelle sur la Convention, Sélection de livres sur l’éducation aux droits de l’homme, Sélection de ressources gratuites sur l’éducation aux droits de l’homme, Convention Européenne des droits de l'homme, Comité consultatif d'audit et d'évaluation, Clause de non-responsabilité - © Conseil de l'Europe 2020 - © Crédit photos. Further, the convictions ought to be dialogic, namely based on the willingness of the agent to communicate her convictions to others in an effort to engage them in reasoned deliberation about its merits (42). In some countries, conscientious objectors are assigned to an alternative civilian service as a substitute for conscription or military service. In particular, she considers "what normative force our moral responsibilities have when they bump up against the formal expectations of the society" (85-86). Punishment is distinguished from mere violence by the fact that the state is a legitimate authority not only for the purpose of judging the wrongfulness of our actions but also for inflicting the punishment for the right reasons. This book shows that civil disobedience is more defensible than private conscientious objection. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. Louis Baillot, « Les communistes et l'objection de conscience », L'Humanité ,‎ 2 janvier 1981 Albert Einstein , à propos de la lutte contre les armements et les comportements belliqueux: « Je soutiens que le moyen violent du refus du service militaire reste le meilleur moyen. This view reverses the standard liberal picture which sees private ‘conscientious’ objection as a modest act of personal belief and civil disobedience as a strategic, undemocratic act whose costs are only sometimes worth bearing. Users without a subscription are not able to see the full content. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. The conscientious convictions ought to satisfy certain logical and evidentiary standards. La Cour européenne des droits de l’homme Each of these concepts informs a distinct argument for civil disobedience. After all, sanctioning a wrongdoer is an expressive/communicative act of condemnation. While Brownlee's discussion is subtle and nuanced, the conditions she sets out limit the scope of what counts as conscientious convictions and impose strict conditions on what merits moral and legal protection. Brownlee discusses the legal implications of her analysis in Part II. But, to the extent that the infliction of the criminal sanction hinges on the private judgment of the prison warden or the judge (as argued by Brownlee), it seems wrong to attribute the sanction to the state. The case concerned the conviction in 2003 of a conscientious objector - a Jehovah’s Witness - for his refusal to perform military service. They often involve a personal internal struggle with oneself and require a long time of interior incoherent private deliberation to mature and crystalize. The conviction argument shows that, as a constrained, communicative practice, civil disobedience has a better claim than private objection does to the protections that liberal societies give to conscientious dissent. Associate Professor of Legal and Moral Philosophy, University of Warwick. The two examples used by Brownlee (war and law enforcement) are intriguing precisely because they touch upon tasks that are at the core of the state's duties. The prison guard and parole officer must reflect on the merits of the order to incarcerate someone." Brownlee turns then to explore the notion of conscience itself, which she characterizes as "an evaluative property", and which differs from mere conscientiousness. Brownlee denies, therefore, the distinctive characteristics of public officials and may without acknowledging it join forces with some sociologists such as Zygmunt Bauman who believes that the horrors of modernity, in particular genocide, are attributable to the development of official roles separated from one's moral role.[2].

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