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1

Poudyal, Phatik Prasad. "Civil Disobedience for Conflict Resolution: Gandhi and Thoreau." Literary Studies 28, no. 01 (December 1, 2015): 62–66. http://dx.doi.org/10.3126/litstud.v28i01.39571.

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The importance of civil disobedience in conflict resolution and peace negotiations has been universally recognized after the second half of the twentieth century. Civil disobedience as a powerful tool to fight the social and political injustices was first forwarded by Henry David Thoreau, an American philosopher and writer, in his acclaimed essay “On the Duty of Civil Disobedience” published in 1849. Though Thoreau’s practice of this idea transported significant changes while fighting the unjust American Government in his time, the power and significance of civil disobedience was fully realized after Mahatma Gandhi practiced it to fight the powerful British Empire in Africa and India. Though it seemed in the outset almost impossible to defy such a powerful enemy without using weapons or any other means of violence, Gandhian struggle surprised the world with the notion that the peaceful protest done in the ground of morality and truth has an immense power in comparison to physical force. This political theory of Gandhi provides us with the way to see and arbitrate conflict in the moral ground. His vision also provides us a realistic understanding of socio-political issues than any other conflict resolution theories of the contemporary time.
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Kuniński, Tomasz. "Plato’s Crito on Civil Disobedience and Political Obligations." Peitho. Examina Antiqua, no. 1(2) (February 27, 2018): 139–58. http://dx.doi.org/10.14746/pea.2011.1.9.

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The present paper focuses on the complex relation between ethics andpolitics in Plato’s Crito. While the issue is presented from a contemporaryperspective, the problems of civil disobedience and politicalobligation are the present study’s primarily concern. The issue of civildisobedience concerns moral reasons for breaking the law, whereasthe concept of political obligation refers to a moral duty to obey the law.When disagreeing with the view that Socrates in the dialogue arguesfor an unconditional obedience to the state, the article builds on theApology. Subsequently, the similarities between the position of Socratesand that of H.D. Thoreau are investigated. Finally, the paper discussesthe concept of political obligation so as to show that the argumentin the Crito anticipates several modern theories. The modern controversiesthat this article covers are shown to play an important role in Plato’sdialogue, as they are the basis of Socrates’ political obligation.
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Skulte, Ilva, and Normunds Kozlovs. "The The Critique of Technocracy in Riga Stencil Graffiti." Informacijos mokslai 87 (April 23, 2020): 72–85. http://dx.doi.org/10.15388/im.2020.87.27.

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The utilization of the street as an alternative and independent medium for transmission of radical political ideas is a form of civil disobedience manifested thus to a certain extent in a work of propaganda and is an example of creative idealism. In this case graffiti can be regarded as a non-violent protest that was theoretically described by Henry David Thoreau in the treatise on “The Duty of Civil disobedience”, a work that has become an essential part of anthologies of political and social philosophy. To a certain degree, in its visual format, graffiti is a continuation of the “samizdat” tradition dating back to the Soviet era, both in the sense of a socially critical message and in the use of an alternative medium. Proposing a new, tactical usage of technology critically directed against technocracy of contemporary society youth of the city is trying to occupy it’s public space by specific type of aesthetization and, in the same time, is delivering clear message. The goal of this paper is the reading and interpretation of messages of the images and texts in stencil – graffiti in Riga in the context of interplay between counter cultures, different minor social groups and their ideologies. The method used is social semiotic analysis. The results show that the criticism of technocratic capitalism, consumerism and the oppression of life and the nature are most important issues taken up by the authors of stencils.
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UDOFIA, Christopher Alexander. "Henry David Thoreau and the Philosophy of Civil Disobedience as a Non-Catalytic Cum Catalytic Model for Conflict Resolution." Stallion Journal for Multidisciplinary Associated Research Studies 2, no. 3 (June 12, 2023): 1–4. http://dx.doi.org/10.55544/sjmars.2.3.1.

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This work with the title “Henry David Thoreau and the Philosophy of Civil Disobedience as a non-catalytic and catalytic Model for Conflict Resolution” is anchored on the thesis which asserts that non-cooperation with evil is as much a moral obligation as cooperation with good. The research problem which this paper focuses on is to unravel how Thoreau exemplified the philosophy of civil disobedience. The major objective of this essay is to expose the essential definitive elements of the philosophy of civil disobedience. Consequently, this research employs the philosophical tools of exposition, analysis and criticism in its discourse of the subject matter. The research establishes that commitment to civil disobedience as a measure of conflict resolution must be activated from a conscience that is abrasive and nonconformist to evil. The conscience constitutes the highest law and obedience to its dictates confers authenticity on the human being as an indivisible moral entity. Every act of civil disobedience is targeted at disobeying unjust and oppressive laws and or social systems. It is a form of rebellion which calls for active noncompliance to the unjust system. Though most intellectuals affirm that non-violence must be a fundamental element in every act of civil disobedience, Thoreau views the deployment of violence in overcoming injustice as a complementary element of civil disobedience. The use of violence as means to undo evil in the society is however a last resort in Thoreau’s scheme. It is this infusion of violence in the act of civil disobedience which appears to make Thoreau’s thought clash with the logic of consistency since civil disobedience is mostly acclaimed to be a non-violent act of resistance to evil. In submission, it can be gleaned that Thoreau advocated for non-violent civil disobedience only when the oppressive and unjust system is non-recalcitrant to change and transformation. However, when the evil system is totally opposed to change, then Thoreau would subscribe to the employment of a catalytic means to resist the evil system.
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5

Walls, Laura Dassow. "Civil Disobedience by Henry David Thoreau." Early American Literature 53, no. 1 (2018): 220–22. http://dx.doi.org/10.1353/eal.2018.0014.

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6

Bentouhami, Hourya. "Civil Disobedience from Thoreau to Transnational Mobilizations." Essays in Philosophy 8, no. 2 (2007): 260–69. http://dx.doi.org/10.5840/eip2007822.

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Until very recently, civil disobedience, being a deliberate infraction of the law which is politically or morally motivated, was logically interpreted by theorists as a practice rooted in the state, since the source of positive law was primarily the State. But in the context of today’s globalization, the diversification of sources of power, the emergence of international laws or rules, or simply the obsoleteness of viewing the government as a juridical model, lead one to question the relevance of resorting to civil disobedience. Indeed, its strategic minimalism, which consists of non-cooperation, passive resistance or non-violence, in addition to its relative acceptance of the State and the legal framework of its discourse, seem to make civil disobedience unable to face the “global challenge” that any emancipatory movement has to confront if it wants to be efficient. This paper thus proposes a new conception of civil disobedience inspired by Nancy Fraser’s theory of “abnormal justice”, so as to take into account the transversal nature of social contestation.
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Zain, Zawiyah Mohd, and Mohammad Agus Yusoff. "Civil Disobedience: Concept and Practice." Asian Social Science 13, no. 8 (July 24, 2017): 129. http://dx.doi.org/10.5539/ass.v13n8p129.

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The concept of civil disobedience was introduced by David Henry Thoreau in 1849 by what he experienced in the fight against slavery system in USA. The aims of this paper is to discuss the concept of civil disobedience and analyse its practice in Malaysia. This paper base on content analysis and interview. The analysis shows that first, there have several features to justify the acts of civil disobedience that happened in society. Second, in Malaysia, the concept of civil disobedience is something new. This is because in general, opposition is the term used to indicate resistance. The opposition only involves the struggle for political purposes, while the concept of civil disobedience include broader aspects involving the opposition parties, non-governmental organizations, civil society and activists to create public awareness for the fight against injustice in government. However, in practice, civil disobedience has been present in Malaysia since before independence. Therefore, this article takes a broader approach in analysing civil disobedience in Malaysia, with discussion focusing on historical aspects and current practice.
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8

Livingston, Alexander. "Fidelity to Truth: Gandhi and the Genealogy of Civil Disobedience." Political Theory 46, no. 4 (August 31, 2017): 511–36. http://dx.doi.org/10.1177/0090591717727275.

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Mohandas Gandhi is civil disobedience’s most original theorist and most influential mythmaker. As a newspaper editor in South Africa, he chronicled his experiments with satyagraha by drawing parallels to ennobling historical precedents. Most enduring of these were Socrates and Henry David Thoreau. The genealogy Gandhi invented in these years has become a cornerstone of contemporary liberal narratives of civil disobedience as a continuous tradition of conscientious appeal ranging from Socrates to King to Rawls. One consequence of this contemporary canonization of Gandhi’s narrative, however, has been to obscure the radical critique of violence that originally motivated it. This essay draws on Edward Said’s account of travelling theory to unsettle the myth of doctrine that has formed around civil disobedience. By placing Gandhi’s genealogy in the context of his critique of modern civilization, as well as his formative but often-overlooked encounter with the British women’s suffrage movement, it reconstructs Gandhi’s paradoxical notion that sacrificial political action is the fullest expression of self-rule. For Gandhi, Socrates and Thoreau exemplify civil disobedience as a fearless practice of fidelity to truth profoundly at odds with liberal conceptions of disobedience as fidelity to law.
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Marisi, Flavia. "Number 13 / Part I. Music. 4. Promoting Development and Change: Civil Disobedience in The Legal-Political Thinking and The Musical Field." Review of Artistic Education 13, no. 1 (March 1, 2017): 32–36. http://dx.doi.org/10.1515/rae-2017-0004.

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Abstract A public, non-violent act not abiding by a recognized rule, and conscientiously done with the intent to frustrate the latter, is called an act of civil disobedience. Those who practice civil disobedience reject a specific rule, considering it unfitting with their own ethical, religious, or artistic values, and are prepared to suffer the indignities which may greet their act. The paper offers a comparative view on civil disobedience in the legalpolitical and the musical field, basing on the conceptualizations by philosophers and legal thinkers as Thoreau, Bedau, Rawls and Dworkin, and briefly analyzing some works by Monteverdi, Mozart and Liszt as examples of civil disobedience.
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Pineda, Erin R. "Civil disobedience, and what else? Making space for uncivil forms of resistance." European Journal of Political Theory 20, no. 1 (April 25, 2019): 157–64. http://dx.doi.org/10.1177/1474885119845063.

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Theorists of political obligation have long devoted special attention to civil disobedience, establishing its pride of place as an object of philosophical analysis, and as one of a short list of exceptions to an otherwise binding obligation to obey the law. Yet all of this attention to civil disobedience has left the broader terrain of resistance to injustice relatively under-theorized. What other forms of action are justifiable – even required – in the face of systemic injustice? Candice Delmas' A Duty to Resist: When Disobedience Should Be Uncivil offers an original and powerful defense of the idea that we have a duty to resist, and that carrying out this duty may sometimes require going beyond civil disobedience – engaging in forms of action that are evasive, shocking, violent, or otherwise deemed “uncivil.” Building on a wealth of recent scholarship and a rich set of examples, Delmas grounds the duty to resist in the same principles that political philosophers routinely use to defend an obligation to obey the law: the natural duty of justice, the principle of fair play, Samaritan duties to rescue others from peril, and the associative duties of membership. In making room for uncivil forms of dissent, however, I contend that Delmas ironically hollows out the category of civil disobedience, wedding it too tightly to a principle of decorum, and isolating it from protest that exceeds the boundaries of the communicative. Nevertheless, A Duty to Resist is an excellent – and much needed – contribution to the literature on dissent and disobedience.
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11

Ciccozzi, Laura. "Duty as a defence between civil disobedience and criminal law." Italian Review of Legal History, no. 7 (December 22, 2021): 547–62. http://dx.doi.org/10.54103/2464-8914/16897.

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The history of civil disobedience begins in the United States in the 17th century and has evolved during the centuries. The most modern type of civil disobedience, whistleblowing, is emblematic of how the concept has changed over the last decades.The question of which circumstances justify disobedience to the law is one of the most debated in the history of legal thought. The article analyses the relationship between morality and criminal law or, in other words, between the right (and duty) to disobey certain laws and its consequences.
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12

Applbaum, Arthur Isak. "Legitimacy Revisited: Moral Power and Civil Disobedience." Moral Philosophy and Politics 11, no. 1 (April 1, 2024): 87–112. http://dx.doi.org/10.1515/mopp-2024-0008.

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Abstract In Legitimacy: The Right to Rule in a Wanton World, I offer both a conceptual analysis of legitimacy, the power-liability view, and a substantive moral theory, the free group agency view. Here, I defend my account against three challenges brought by Kjarsten Mikalsen. First, though I argue that conceptual analysis should not prematurely close open moral questions, it is not my view that conceptual analysis must have no substantive implications. Second, though I acknowledge that free group agency ordinarily supports a moral duty to obey, it is a feature, not a bug, that my conceptual analysis is consistent with moral theories that disagree with my preferred moral theory. Third, I argue that Mikalsen’s proposed explanation of justified civil disobedience, which sees law in such cases as creating a moral claim-right that entails a merely presumptive duty, is less perspicuous than the explanation given by the power-liability view. Along the way, I emphasize that the distinction between felicitous moral power and justified causal power is as important as the distinction between moral liability and moral duty.
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Čekerevac, Petar. "MOTIVATIONAL FACTORS OF CIVIL DISOBEDIENCE – THE CASE OF HENRY DAVID THOREAU." FBIM Transactions 2, no. 1 (January 15, 2014): 130–38. http://dx.doi.org/10.12709/fbim.02.02.01.13.

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14

Weltman, Daniel. "Must I Accept Prosecution for Civil Disobedience?" Philosophical Quarterly 70, no. 279 (May 28, 2019): 410–18. http://dx.doi.org/10.1093/pq/pqz028.

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Abstract Piero Moraro argues that people who engage in civil disobedience do not have a pro tanto reason to accept punishment for breaking the law, although they do have a duty to undergo prosecution. This is because they have a duty to answer for their actions, and the state serves as an agent of the people by calling the lawbreaker to answer via prosecution. I argue that Moraro does not go far enough. Someone who engages in civil disobedience does not even have to show up for the trial, provided that they answer for their actions adequately via some other means. This is because sometimes states are not agents of the people who can call lawbreakers to account, and even those states which are agents cannot demand that lawbreakers answer for their crimes in the form of a trial.
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15

Norton, David L. "The Moral Individualism of Henry David Thoreau." Royal Institute of Philosophy Supplement 19 (March 1985): 239–53. http://dx.doi.org/10.1017/s1358246100004616.

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Henry Thoreau boasted that he was widely travelled in Concord, Massachusetts. He was born there on 12 July 1817, and he died there on 6 May 1862, of tuberculosis, at the age of forty-four years. In 1837 he graduated from Harvard College, and in 1838 he joined Ralph Waldo Emerson, Margaret Fuller, and others in the informal group that became known as the New England Transcendentalists. The author of four books, many essays and poems, and a voluminous journal, he is best known for the book Walden and the essay ‘Civil Disobedience’, and for the circumstances attending these two milestones in American thought and literature.
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Norton, David L. "The Moral Individualism of Henry David Thoreau." Royal Institute of Philosophy Supplement 19 (March 1985): 239–53. http://dx.doi.org/10.1017/s0957042x00004612.

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Henry Thoreau boasted that he was widely travelled in Concord, Massachusetts. He was born there on 12 July 1817, and he died there on 6 May 1862, of tuberculosis, at the age of forty-four years. In 1837 he graduated from Harvard College, and in 1838 he joined Ralph Waldo Emerson, Margaret Fuller, and others in the informal group that became known as the New England Transcendentalists. The author of four books, many essays and poems, and a voluminous journal, he is best known for the book Walden and the essay ‘Civil Disobedience’, and for the circumstances attending these two milestones in American thought and literature.
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17

Howe, Karin R. "Is There a Rawlsian Duty to Engage in Civil Disobedience?" Social Philosophy Today 31 (2015): 23–32. http://dx.doi.org/10.5840/socphiltoday2015112528.

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18

Richards, Jane. "‘It was you who taught me that peaceful marches did not work’, Uncivil Disobedience and the Hong Kong Protests." Asia-Pacific Journal on Human Rights and the Law 21, no. 1 (May 29, 2020): 63–97. http://dx.doi.org/10.1163/15718158-02101004.

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Hong Kong’s one country, two systems model denies meaningful political equality for citizens. Instead citizens have engaged government in dialogue and have been granted a foothold in politics through protest. However, this equilibrium was upset in 2019 to 2020. Protests took place that were unprecedented in their scale, duration, widespread support and participation. And yet, government refused to engage in any kind of dialogue or deliberative action. This refusal, along with the use of excessive force by police, provoked an unprecedented escalation from civil disobedience to principled uncivil disobedience. This article argues that the escalation of principled uncivil disobedience was not only justified, but satisfied a duty that citizens have to resist injustice. It relies on the legal and political theory of Candice Delmas, arguing that while citizens have a prima facie obligation to obey the law, where law or policy becomes unjust, citizens may have a duty to resist that injustice, even if it means breaking the law. To illustrate this point, one type of principled uncivil disobedience that has become prevalent – graffiti – is used as an analytical lens. Graffiti communicates protestors’ grievances and subverts authority by reclaiming the space. It is allegorical of both the movement and the city; just as the cityscape has been permanently altered by the protests, so too has Hong Kong been changed by this period of unrest.
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19

Neira, Hernán. "Suicidio revolucionario y tradición de desobediencia civil: Huey P. Newton." Araucaria, no. 49 (2022): 104–23. http://dx.doi.org/10.12795/araucaria.2022.i49.06.

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Nuestro objetivo es analizar el concepto y la práctica del suicidio revolucionario, tal como fue concebido por Huey Pierce Newton, fundador del Partido Pantera Negra para la Autodefensa. El contexto histórico-teórico de nuestro trabajo son algunas teorías políticas revolucionarias del autosacrificio, que establecen la diferencia y el vínculo entre Newton y otras concepciones de la resistencia civil. Nos centramos en la colección de ensayos de Newton titulada The Huey P. Newton Reader (1970) y en su autobiografía Revolutionary Suicide (1973). El concepto de suicidio revolucionario ha sido escasamente desarrollado y estuvo ausente en el número especial sobre el Partido Pantera Negra publicado en 2017 por el Journal of African American Studies. Nuestra conclusión es que Newton fue un líder con una inspiración intelectual compleja, que va de Platón a Fanon. El autosacrificio revolucionario es la clave que le permite abrazar, renovar y transmitir una determinada inflexión teórica de la resistencia civil, que también parte de algunos autores que rara vez cita. Palabras-clave: Suicidio revolucionario, desobediencia civil, Black Panther Party for Self-Defense, Huey Pierce Newton, Henry David Thoreau, violencia política
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Schlossberger, Eugene. "Technology and civil disobedience: Why engineers have a special duty to obey the law." Science and Engineering Ethics 1, no. 2 (June 1995): 163–68. http://dx.doi.org/10.1007/bf02584072.

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21

Livingston, Alexander. "Against Civil Disobedience: On Candice Delmas’ A Duty to Resist: When Disobedience Should be Uncivil (New York: Oxford University Press, 2018)." Res Publica 25, no. 4 (July 1, 2019): 591–97. http://dx.doi.org/10.1007/s11158-019-09434-3.

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22

Podlecka, Natalia. "Individualism in the United States in the 19th Century in Terms of Sociolinguistics on the Example of Works by R. W. Emerson and H. D. Thoreau." Forum Filologiczne Ateneum, no. 1(8)2020 (November 1, 2020): 273–85. http://dx.doi.org/10.36575/2353-2912/1(8)2020.273.

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Individualism is today a part of the American identity. Due to the short history of the U.S. the American people were in need to create their own customs and traditions. That is why there are manifold philosophical and political writings involving the characteristics of an American and views on ideal versions of the young country. However different those views may be, there are motifs that repeatedly occur over time and individualism is one of the most popular themes. This research discusses the involvement of two representatives of the Transcendental Movement in the U.S., Ralph Waldo Emerson and Henry David Thoreau, in the formation of American ethos. The study is based on the analysis of the essay "Self-Reliance" by Emerson and fragments of Thoreau's book Walden and his essay "Civil Disobedience". Not only is the substance of the texts is analysed, but also the vocabulary choices and their possible consequences.
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Asekhauno, Anthony, and Joseph Omoro. "PHILOSOPHICAL PERSPECTIVES ON THE MORALITY OF STRIKES AND NON-VIOLENCE AS CHANNELS OF SOCIAL CHANGE." International Journal of Innovative Research in Social Sciences & Strategic Management Techniques 8, no. 1 (January 5, 2021): 24–37. http://dx.doi.org/10.48028/iiprds/ijirsssmt.v8.i1.03.

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From its classical roots (the Gita, Socrates, and Christ), the world has experienced many apostles of the doctrine of non-violence—effectively interpreting and using it as a social weapon for transforming society and moderating social policy formulation. For example, the efficacy of non-violence was demonstrated in India by the practical dimension (though this is less validly claimed about Africa) given to the Gita by Gandhi, in the United States by both David Thoreau and the ebullient, resilient Nobel laureate, Luther King Jnr.; they perfected and variously adapted the principles of non-violence (organized matches, strikes, sit-ins, dissenting rallies, demonstrations, etc.) to the redress perceived or real socio-political infamies of their respective era. In some way, nevertheless, modern Africa has witnessed no known more application of non-violence than in Nigeria where strike action has become the single overriding and common industrial weapon for seeking redress such that the practice seem to be losing legitimacy, respect and efficacy. And newer questions have arisen as to the moral basis of strikes. Moreover, what is the relationship or philosophical nexus between the trio of strikes, civil disobedience, and non-violence? Accordingly, by looking into extant literature on the meanings and perspectives on strikes, civil disobedience, and non-violence, this article explains, reviews, and evaluates the meaning and presuppositions of strikes and the general principle of non-violence in order to determine their moral basis, applicability, general suitability with a view to advocating or rejecting same as means of social change.
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Boisjoly, Roger M. "Commentary on “Technology and civil disobedience: Why engineers have a special duty to obey the law”." Science and Engineering Ethics 1, no. 2 (June 1995): 169–71. http://dx.doi.org/10.1007/bf02584073.

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Sexton, Jared. "Word.Afterward: On the Blackness of Thoreau's Thinking." Oxford Literary Review 46, no. 1 (July 2024): 1–30. http://dx.doi.org/10.3366/olr.2024.0426.

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This essay surveys Henry David Thoreau’s extensive commentary on slavery and freedom in the 1840s and 50s, tracking the ways he toggles between the literal (i.e., the institutions of racial chattel and capital’s value-form resisted by civil disobedience and reconfigured by civil war) and the figurative (i.e., the existential and spiritual slavery evaded by the individual and collective attainment of ‘real values’), and how his natural philosophy at once illuminates and obscures the true stakes of his abolitionism and that of his fellow Transcendentalists. It notes that there is much to be said for and much yet to be done on the burgeoning intersectional critique of Transcendentalism, one that highlights both its strengths and limitations—or, at times, its outright problems—regarding race, nation, class, gender, sexuality et al. So too for the literature celebrating Thoreau ‘as much for his politics as his aesthetics,’ avowing how his ‘reform writings and lectures alone have earned him the reputation of being a social activist who didn’t rest on high-minded principles.’ The focus here is adjacent and complementary: to consider the prospects of a Black Transcendentalism that is coeval with and prior to Thoreau's articulation of the principles of ‘Elevation’ and ‘Emancipation.’ Beyond that, it speculates about something like the blackness of Thoreau’s own evolving relation to the political-intellectual movement of Transcendentalism itself.
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Murphy, Kristina, Molly McCarthy, Elise Sargeant, and Harley Williamson. "COVID-19 Conspiracies, Trust in Authorities, and Duty to Comply with Social Distancing Restrictions." International Criminology 2, no. 1 (January 11, 2022): 44–58. http://dx.doi.org/10.1007/s43576-021-00042-x.

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AbstractIn 2020 governments worldwide implemented various laws and social distancing restrictions to contain the spread of the COVID-19 virus. At the same time, conspiracy theories emerged purporting that authorities were using the COVID-19 pandemic to permanently control or harm citizens. These conspiracies undermined government responses to the pandemic and in some cases elicited civil disobedience. Using survey data from 779 Australians collected eight months into the pandemic, we examined the relationship between conspiracy beliefs, trust in the government, and duty to comply with authorities during the COVID-19 pandemic. We also examined whether trust in government moderated the association between conspiracy beliefs and duty to comply. We found that those prone to conspiracy theory beliefs and who distrusted government were less likely to comply with authorities during the pandemic. We also found that trust in the government moderated the negative relationship between conspiracy beliefs and duty to comply; high trust served as a protective factor against conspiracy beliefs. Importantly, we found that how government actions were experienced and perceived during the pandemic were important correlates of Australians’ level of trust in the government. Our findings point to the importance of governments maintaining high trust in their efficacy and approach during a crisis.
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Ferreira, Inês Beatriz. "In defense of a «Spirit of Freedom»." Revista Filosófica de Coimbra 33, no. 65 (March 27, 2024): 65–88. http://dx.doi.org/10.14195/0872-0851_65_4.

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The following essay aims to elaborate a comparative study between the political theories of Kant and Hobbes, based on the second part of the Kantian essay Theory and Practice. The first part of the essay studies the legitimizing sources suggested by Kant and Hobbes to explain the need for a civil state. The second part analyzes the three republican principles suggested by Kant and compares them with the Hobbesian proposal. The third part studies the direct critique of Kant to Hobbes; it shows how Kant presents his critique in a way that highlights his principle of independence, absent in Hobbes. Finally, starting from an important point of convergence between the authors – the defense of an absolute duty of obedience –, other interpretative possibilities are explored in order to investigate the possibility of finding a recognition or a prudent openness to the question of disobedience.
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Kendall, Walter J. "Martin Luther King, Jr., Civil Disobedience and the Duty to Obey the Law: Where Do We Go From Here?" Journal of Social Encounters 3, no. 1 (August 23, 2019): 75–87. http://dx.doi.org/10.69755/2995-2212.1030.

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29

Mrovlje, Maša, and Jennet Kirkpatrick. "Grey Zones of Resistance and Contemporary Political Theory." Theoria 67, no. 165 (December 1, 2020): 1–9. http://dx.doi.org/10.3167/th.2020.6716501.

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Of late, resistance has become a central notion in political theory, standing at the heart of attempts to respond to the dilemmas of contemporary times. However, many accounts tend to ascribe to an idealised, heroic view. In this view, resistance represents a clearcut action against injustice and stems from individuals’ conscious choice and their unwavering ethical commitment to the cause. Some liberal scholars, most notably Candice Delmas and Jason Brennan, have argued that citizens of democratic societies have a moral duty to resist state-sanctioned injustice. This resistance occurs either through ‘principled – civil or uncivil – disobedience’ or through ‘defensive actions’ (Delmas 2018: 5; Brennan 2019: 15). While acknowledging that pervasive injustice can compromise our cognitive and moral capacities, however, their articulation of our political obligation to resist refrains from a sustained examination of the moral dilemmas, uncertainties and risks that arise when fighting systemic oppression (Delmas 2018: 198–222; Brennan 2019: 28–59, 210–14).
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Lyerly, Anne Drapkin, Ruth R. Faden, and Michelle M. Mello. "Beneath the Sword of Damocles: Moral Obligations of Physicians in a Post‐Dobbs Landscape." Hastings Center Report 54, no. 3 (May 2024): 15–27. http://dx.doi.org/10.1002/hast.1589.

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AbstractSince the U.S. Supreme Court's decision in Dobbs vs. Jackson Women's Health Organization, a growing web of state laws restricts access to abortion. Here we consider how, ethically, doctors should respond when terminating a pregnancy is clinically indicated but state law imposes restrictions on doing so. We offer a typology of cases in which the dilemma emerges and a brief sketch of the current state of legal prohibitions against providing such care. We examine the issue from the standpoints of conscience, professional ethics, and civil disobedience and conclude that it is almost always morally permissible and praiseworthy to break the law and that, in a subset of cases, it is morally obligatory to do so. We further argue that health care institutions that employ or credential physicians to provide reproductive health care have an ethical duty to provide a basic suite of practical supports for them as they work to ethically resolve the dilemmas before them.
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31

Popovych, T. "Understanding obligations in the context of J. Rawls’s theory of justice." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 53–58. http://dx.doi.org/10.24144/2307-3322.2022.70.8.

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The article is devoted to the disclosure of the content of the category of obligations according to J. Rawls’s theory of justice. The author emphasizes that in general, the American philosopher divides them into natural duties and obligations. Both groups are requirements for individuals. Obligations include honesty and faithfulness, natural duties are divided into positive and negative. The positive duties include: maintaining justice; mutual assistance; mutual respect. While negative natural duties are: not to harm and not to cause trouble to the innocent. The thinker calls the fundamental natural duty the duty of justice, which is to obey and uphold the just institutions to which man is attached. The natural duty of justice binds citizens as a whole without requiring freewill actions. The principles of justice, according to J. Rawls, provide a way to distribute the rights and obligations of the main sociopolitical institutions and determine the proper distribution of wealth and forms of social cooperation. The final version of these principles provides the first and second rules of priority as a result of their definition. The first rule is the priority of freedom: fundamental freedoms can be restricted only in the name of general freedom. The second rule of priority is the priority of justice over efficiency and welfare. In addition, the American scholar focuses on outlining special aspects of obligations in the light of political theory, which include the issue of submission to unjust laws or policies, civil disobedience, rejection of beliefs. The author of the study concludes that, in general, the concept of obligations according to Rawls’s theory of justice is based on the desire to find the common good for all members of society, covers elements of social contract, and has the attribute of reciprocity.
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32

Adler, Robert. "Natural Resources and Natural Law Part II: The Public Trust Doctrine." Michigan Journal of Environmental & Administrative Law, no. 10.1 (2021): 225. http://dx.doi.org/10.36640/mjeal.10.1.natural.

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Natural Resources and Natural Law Part I: Prior Appropriation analyzed claims by some western ranchers, grounded in natural law, that they have property rights in grazing resources on federal public lands through prior appropriation. Those individuals advocated their position in part through civil disobedience and armed standoffs with federal officials. They also asserted that their duty to obey theistic natural law overrode any duty to obey the Nation’s positive law. Similar claims that individual religious beliefs override positive law have been made recently regarding a range of other controversial issues, such as same-sex marriage, public insurance for birth control, and the right to bear arms. Prior appropriation doctrine is consistent with secular natural law theory. Existing positive law, however, accepts prior appropriation for western water rights but rejects its application to grazing rights on federal public lands, for reasons consistent with secular natural law. Natural law doctrine allows citizens to advocate for change but requires them to respect the positive law of the societies in which they live. Separation of church and state also bars natural law claims based on religious doctrine unless those principles are also adopted in secular positive law. This sequel addresses claims from the opposite side of the political-environmental spectrum, that natural law provides one justification for the public trust doctrine, and that courts should enforce an atmospheric public trust to redress catastrophic global climate change. Although some religious groups have embraced environmental agendas supported by religious doctrine, public trust claims are secular in origin. Just as natural law provides support for prior appropriation, it supports the idea that some resources, such as water, wildlife, and air, should be held in common rather than made available for private ownership. From this perspective, the two doctrines merge into a single issue of resource allocation. Which resources are best made available for appropriation as private property, and which are best left in common? Natural law theory helps to explain the liberty and welfare goals that inform those choices. Positive law embraces the public trust doctrine with respect to some natural resources, and does not preclude its applicability to the atmosphere or other common resources.
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33

Lai, Ten-Herng. "Civil Disobedience, Costly Signals, and Leveraging Injustice." Ergo an Open Access Journal of Philosophy 7 (October 22, 2021). http://dx.doi.org/10.3998/ergo.1137.

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Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible.
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34

Marcou, Andreas. "Obedience and Disobedience in Plato’s Crito and the Apology: Anticipating the Democratic Turn of Civil Disobedience." Journal of Ethics, September 21, 2020. http://dx.doi.org/10.1007/s10892-020-09346-y.

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Abstract Faced with a choice between escaping without consequences and submitting to a democratic decision, Socrates chooses the latter. So immense is Socrates’ duty to obey law, we are led to believe, that even the threat of death is insufficient to abrogate it. Crito proposes several arguments purporting to ground Socrates’ strong duty to obey, with the appeal to the Athenian system’s democratic credentials carrying most of the normative weight. A careful reading of the dialogue, in conjunction with the ‘Apology’, reveals, however, a more complex picture. If Crito sets the conditions that render a regime legitimate, and therefore warranting of obedience, the Apology reveals a legal system’s shortcomings that justify disobedience. This article substantiates this position by delineating circumstances that can justify resistance. Contemporary forms of political resistance can also rely on similar conditions. Plato’s texts anticipate the current democratic turn of civil disobedience.
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35

Della Croce, Yoann, and Ophelia Nicole-Berva. "Civil Disobedience in Times of Pandemic: Clarifying Rights and Duties." Criminal Law and Philosophy, July 28, 2021. http://dx.doi.org/10.1007/s11572-021-09592-7.

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AbstractThis 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 disobedience 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 opponents of lockdown and confinement measures may reasonably engage in protests without endangering the lives and basic rights of non-dissenting citizens. Drawing 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.
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36

Hahn, Henning. "25 The Ethics of Whistleblowing." Yearbook for Eastern and Western Philosophy 2016, no. 1 (January 25, 2016). http://dx.doi.org/10.1515/yewph-2016-0027.

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AbstractIn this paper I outline a critical justification of the practice of political whistleblowing as exemplified by the case of Edward Snowden. At first, I argue that the question of justifiability cannot be settled with regard to absolutely binding principles such as special loyalties or the categorical duty to inform fellow citizens. What is required instead is the careful weighing of all relevant consequential and deontic reasons. However, this weighing process has to be publically justified. I will therefore turn to the theory of civil disobedience which provides us with two roots of public justification: widely accepted constitutional values and the primacy of public deliberation. In this view, political whistleblowing is to be seen as a special case of civil disobedience and can be justified along the lines of both liberal and republican approaches. However, in the end of the paper I will indicate that we have to transcend the state-based model of civil disobedience. Snowden’s acts of whistleblowing have a further cosmopolitan intention and need to be justified in terms of avant-garde principles of global justice.
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37

Lafont, Cristina. "Getting the duty to resist right: Remarks on Candice Delmas’s book a duty to resist: When disobedience should be uncivil." Philosophy & Social Criticism, June 9, 2022, 019145372211074. http://dx.doi.org/10.1177/01914537221107402.

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In her book A Duty to Resist, Candice Delmas defends the view that we are not only permitted to disobey gravely unjust laws, but we may have a duty to do so. Moreover, not only civil but also uncivil disobedience may be justified in such cases. To justify both claims she argues that the same principles that justify a duty to obey the law—such as the principle of fairness, Samaritan duty, and associative obligations—also justify a duty to disobey the law. The problem with this argumentative strategy is that it amounts to an attempt to derive the duty to disobey gravely unjust laws (or to resist them) from less stringent duties than the ones that can plausibly ground it. Against this strategy, I argue that the focus on laws that violate fundamental rights is what does all the normative work for justifying the duty to disobey/resist such laws, and the appeal to weaker principles is not only superfluous but also misleading. It has negative consequences for our understanding of what is owed to victims, in virtue of what, and by whom.
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38

Wiedenbrug, Anahi. "ON THE RESPONSIBILITIES OF DOMINATED STATES." Global Justice : Theory Practice Rhetoric 10, no. 2 (September 24, 2018). http://dx.doi.org/10.21248/gjn.10.2.154.

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While global justice theorists heatedly discuss the responsibilities of the affluent and powerful, those states which can legitimately be seen as victims of global injustice have seldom, if ever, been considered as duty bearers to whom responsibilities can be attached. However, recognising agents whose options are constrained not only as victims, but also as duty bearers is necessary as a proof of respect for their agency and indispensable to mobilise the type of action required to alter global injustices. In this article, I explore what responsibilities state officials of dominated states have. I argue that they have the responsibility to resist domination in the name of the dominated states members. While under particular circumstances this responsibility gives rise to a duty to engage in acts of state civil disobedience, under other circumstances state officials of dominated states ought to resist domination in an internal, attitudinal way by recognising themselves as outcome responsible agents.
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39

Weber, Thadeu. "Ética, direitos fundamentais e obediência à Constituição." Veritas (Porto Alegre) 51, no. 1 (April 30, 2006). http://dx.doi.org/10.15448/1984-6746.2006.1.1885.

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Um Estado democrático de Direito fundamenta suas bases em princípios de justiça universalizáveis. Aplicados a uma Constituição, objetivam-se nos direitos e liberdades fundamentais dos cidadãos. O dever de obedecer a leis injustas, a desobediência civil e a objeção de consciência pressupõem senso de justiça e uma concepção do bem, capacidades morais de uma “pessoa ética”. PALAVRAS-CHAVE – Direitos fundamentais. Justiça. Constituição. Desobediência civil. ABSTRACT A democratic State of law puts its bases on principles of justice capable of universal validity. Applied to a constitution, such principles are objectivied in the fundamental rights and liberties of the citizens. The duty of obeying unjust laws, civil disobedience and consciousness objection presuppose a sense of justice and a conception of the good, that is, moral capacities of an “ethical person”. KEY WORDS – Fundamental rights. Justice. Constitution. Civil desobedience.
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40

Van Wyk, I. W. C. "Verset en rewolusie." HTS Teologiese Studies / Theological Studies 51, no. 2 (January 11, 1995). http://dx.doi.org/10.4102/hts.v51i2.1402.

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Resistance and revolution. The communion formulary of the Nederduitsch Hervonnde Kerk states clearly that a church member may not take part in revolutionary activities and that he should obey governmental authorities. Two questions are asked: 1. Does this statement imply that a Christian should obey goverments, even when they are oppressive? Can a Christian do something about his fate, or is he obliged to suffer injustice? 2. How can and must we interpret this principle today in a democratic state where resistance and rebellion are integral elements of the political process? It is argued that in Biblical Reformed theology not only the duty to obey but also the right to resist are justified. Although civil disobedience is allowed, violence is strongly condemned. This article asks the church to adhere to the communion formulary, but simultaniously to realise the vast differences between the sixteenth and the twentieth centuries.
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41

Aitchison, Guy. "Border-Crossing: Immigration Law, Racism and Justified Resistance." Political Studies, August 12, 2021, 003232172110301. http://dx.doi.org/10.1177/00323217211030184.

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Aside from the case of refugees under international law, are non-citizen outsiders morally justified in unlawfully entering another state? Recent answers to this question, based on a purported right of necessity or civil disobedience, exclude many cases of justified border-crossing and fail to account for its distinctive political character. I argue that in certain non-humanitarian cases, unlawful border-crossing involves the exercise of a remedial moral right to resist the illegitimate exercise of coercive power. The case accepts, for the sake of argument, two conventional assumptions among defenders of immigration restrictions: that states have a ‘right to exclude’ and that migrants have a prima facie duty to respect borders. Nonetheless, where immigration law is racist or otherwise discriminatory, it violates the egalitarian standards at the core of any authority it can plausibly claim over outsiders. In such cases, it may be resisted even where the law is facially non-discriminatory.
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42

Lone, Fozia N. "The Hong Kong Occupy Injunction Cases." ICL Journal 11, no. 4 (December 20, 2017). http://dx.doi.org/10.1515/icl-2017-0072.

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AbstractIn September 2014, the deadlock over election reforms in Hong Kong sparked off a mass civil disobedience occupy movement. This political dispute eventually reached the legal arena after the filing of injunction applications before the courts of Hong Kong to clear the protest sites. This article aims to discuss the courts’ approach towards the adjudication of these injunction cases. In particular, this article will review: (a) the appropriateness of the scope of the interim injunctions granted to protect the plaintiff’s personal rights under the tort of public nuisance; (b) the function of the police in implementing the injunction orders; (c) the position the courts should adopt in defending individual rights of the plaintiffs if a similar remedy is already available under the statute; and (d) the way courts should reconcile competing claims and protect both the unidentified protestors’ human rights and the private rights of the plaintiffs. The article maintains that the injunction cases have set rather dangerous precedents regarding the protection of fundamental rights in Hong Kong in cases of public order involving protection of private rights. The same analysis leads to the conclusion that in a democratic society, the courts have a duty to find the balance between the protection of fundamental human rights and private rights under tort of nuisance, while also observing significant procedural rules.
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43

Jamaluddin, Jazlan, Nurul Nadia Baharum, Siti Nuradliah Jamil, and Mohd Azzahi Mohamed Kamel. "Doctors Strike During COVID-19 Pandemic in Malaysia." Voices in Bioethics 7 (July 27, 2021). http://dx.doi.org/10.52214/vib.v7i.8586.

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Photo by Ishan @seefromthesky on Unsplash ABSTRACT A strike to highlight the plight facing contract doctors which has been proposed has received mixed reactions from those within the profession and the public. This unprecedented nationwide proposal has the potential to cause real-world effects, posing an ethical dilemma. Although strikes are common, especially in high-income countries, these industrial actions by doctors in Malaysia are almost unheard of. Reviewing available evidence from various perspectives is therefore imperative to update the profession and the complexity of invoking this important human right. INTRODUCTION Contract doctors in Malaysia held a strike on July 26, 2021. COVID-19 cases are increasing in Malaysia. In June, daily cases ranged between 4,000 to 8,000 despite various public health measures. The R naught, which indicates the infectiousness of COVID-19, remains unchanged. During the pandemic, health care workers (HCWs) have been widely celebrated, resulting in a renewed appreciation of the risks that they face.[1] The pandemic has exposed flawed governance in the public healthcare system, particularly surrounding the employment of contract doctors. Contract doctors in Malaysia are doctors who have completed their medical training, as well as two years of internship, and have subsequently been appointed as medical officers for another two years. Contract doctors are not permanently appointed, and the system did not allow extensions after the two years nor does it offer any opportunity to specialize.[2] Last week, Parliament did decide to offer a two-year extension but that did not hold off the impending strike.[3] In 2016, the Ministry of Health introduced a contract system to place medical graduates in internship positions at government healthcare facilities across the country rather than placing them in permanent posts in the Public Service Department. Social media chronicles the issues that doctors in Malaysia faced. However, tensions culminated when and contract doctors called for a strike which ended up taking place in late July 2021. BACKGROUND Over the past decade, HCW strikes have arisen mostly over wages, work hours, and administrative and financial factors.[4] In 2012, the British Medical Association organized a single “day of action” by boycotting non-urgent care as a response to government pension reforms.[5] In Ireland, doctors went on strike for a day in 2013 to protest the austerity measures implemented by the EU in response to the global economic crisis. It involved a dispute over long working hours (100 hours per week) which violated EU employment laws and more importantly put patients’ lives at risk.[6] The strike resulted in the cancellation of 15,000 hospital appointments, but emergencies services were continued. Other major strikes have been organized in the UK to negotiate better pay for HCWs in general and junior doctors’ contracts specifically.[7] During the COVID-19 pandemic, various strikes have also been organized in Hong Kong, the US, and Bolivia due to various pitfalls in managing the pandemic.[8] A recent strike in August 2020 by South Korean junior doctors and medical students was organized to protest a proposed medical reform plan which did not address wage stagnation and unfair labor practices.[9] These demands are somewhat similar to the proposed strike by contract doctors in Malaysia. As each national health system operates within a different setting, these strikes should be examined in detail to understand the degree of self-interest involved versus concerns for patient’s welfare. l. The Malaysia Strike An anonymous group planned the current strike in Malaysia. The group used social media, garnering the attention of various key stakeholders including doctors, patients, government, and medical councils.[10] The organizers of the strike referred to their planned actions as a hartal. (Although historically a hartal involved a total shutdown of workplaces, offices, shops, and other establishments as a form of civil disobedience, the Malaysian contract doctors pledged no disturbance to healthcare working hours or services and intend a walk-out that is symbolic and reflective of a strike.)[11] The call to action mainly involved showing support for the contract doctors with pictures and placards. The doctors also planned the walk-out.[12] Despite earlier employment, contract medical doctors face many inequalities as opposed to their permanent colleagues. These include differences in basic salary, provisions of leave, and government loans despite doing the same job. The system disadvantages contract doctors offering little to no job security and limited career progression. Furthermore, reports in 2020 showed that close to 4,000 doctors’ contracts were expected to expire by May 2022, leaving their futures uncertain.[13] Some will likely be offered an additional two years as the government faces pressure from the workers. Between December 2016 and May 2021, a total of 23,077 contract doctors were reportedly appointed as medical officers, with only 789 receiving permanent positions.[14] It has been suggested that they are appointed into permanent positions based on merit but the criteria for the appointments remain unclear. Those who fail to acquire a permanent position inevitably seek employment elsewhere. During the COVID-19 pandemic, there have been numerous calls for the government to absorb contract doctors into the public service as permanent staff with normal benefits. This is important considering a Malaysian study that revealed that during the pandemic over 50 percent of medical personnel feel burned out while on duty.[15] This effort might be side-lined as the government prioritizes curbing the pandemic. As these issues remain neglected, the call for a strike should be viewed as a cry for help to reignite the discussions about these issues. ll. Right to strike The right to strike is recognized as a fundamental human right by the UN and the EU.[16] Most European countries also protect the right to strike in their national constitutions.[17] In the US, the Taft-Hartley Act in 1947 prohibited healthcare workers of non-profit hospitals to form unions and engage in collective bargaining. But this exclusion was repealed in 1947 and replaced with the requirement of a 10-day advanced written notice prior to any strike action.[18] Similarly, Malaysia also recognizes the right to dispute over labor matters, either on an individual or collective basis. The Industrial Relations Act (IRA) of 1967[19] describes a strike as: “the cessation of work by a body of workers acting in combination, or a concerted refusal or a refusal under a common understanding of a number of workers to continue to work or to accept employment, and includes any act or omission by a body of workers acting in combination or under a common understanding, which is intended to or does result in any limitation, restriction, reduction or cessation of or dilatoriness in the performance or execution of the whole or any part of the duties connected with their employment” According to the same act, only members of a registered trade union may legally participate in a strike with prior registration from the Director-General of Trade Unions.[20] Under Section 43 of the IRA, any strike by essential services (including healthcare) requires prior notice of 42 days to their employer.[21] Upon receiving the notice, the employer is responsible for reporting the particulars to the Director-General of Industrial Relations to allow a “cooling-off” period and appropriate action. Employees are also protected from termination if permitted by the Director-General and strike is legalized. The Malaysian contract healthcare workers’ strike was announced and transparent. Unfortunately, even after legalization, there is fear that the government may charge those participating in the legalized strike.[22] The police have announced they will pursue participants in the strike.[23] Even the Ministry of Health has issued a warning stating that those participating in the strike may face disciplinary actions from the ministry. However, applying these laws while ignoring the underlying issues may not bode well for the COVID-19 healthcare crisis. lll. Effects of a Strike on Health Care There is often an assumption that doctors’ strikes would unavoidably cause significant harm to patients. However, a systematic review examining several strikes involving physicians reported that patient mortality remained the same or fell during the industrial action.[24] A study after the 2012 British Medical Association strike has even shown that there were fewer in-hospital deaths on the day, both among elective and emergency populations, although neither difference was significant.[25] Similarly, a recent study in Kenya showed declines in facility-based mortality during strike months.[26] Other studies have shown no obvious changes in overall mortality during strikes by HCWs.[27] There is only one report of increased mortality associated with a strike in South Africa[28] in which all the doctors in the Limpopo province stopped providing any treatment to their patients for 20 consecutive days. During this time, only one hospital continued providing services to a population of 5.5 million people. Even though their data is incomplete, authors from this study found that the number of emergency room visits decreased during the strike, but the risks of mortality in the hospital for these patients increased by 67 percent.[29] However, the study compared the strike period to a randomly selected 20-day period in May rather than comparing an average of data taken from similar dates over previous years. This could greatly influence variations between expected annual hospital mortality possibly due to extremes in weather that may exacerbate pre-existing conditions such as heart failure during warmer months or selecting months with a higher incidence of viral illness such as influenza. Importantly, all strikes ensured that emergency services were continued, at least to the degree that is generally offered on weekends. Furthermore, many doctors still provide usual services to patients despite a proclaimed strike. For example, during the 2012 BMA strike, less than one-tenth of doctors were estimated to be participating in the strike.[30] Emergency care may even improve during strikes, especially those involving junior doctors who are replaced by more senior doctors.[31] The cancellation of elective surgeries may also increase the number of doctors available to treat emergency patients. Furthermore, the cancellation of elective surgery is likely to be responsible for transient decreases in mortality. Doctors also may get more rest during strike periods. Although doctor strikes do not seem to increase patient mortality, they can disrupt delivery of healthcare.[32] Disruptions in delivery of service from prolonged strikes can result in decline of in-patient admissions and outpatient service utilization, as suggested during strikes in the UK in 2016.[33] When emergency services were affected during the last strike in April, regular service was also significantly affected. Additionally, people might need to seek alternative sources of care from the private sector and face increased costs of care. HCWs themselves may feel guilty and demotivated because of the strikes. The public health system may also lose trust as a result of service disruption caused by high recurrence of strikes. During the COVID-19 pandemic, as the healthcare system remains stretched, the potential adverse effects resulting from doctor strikes remain uncertain and potentially disruptive. In the UK, it is an offence to “willfully and maliciously…endanger human life or cause serious bodily injury.”[34] Likewise, the General Medical Council (GMC) also requires doctors to ensure that patients are not harmed or put at risk by industrial action. In the US, the American Medical Association code of ethics prohibits strikes by physicians as a bargaining tactic, while allowing some other forms of collective bargaining.[35] However, the American College of Physicians prohibits all forms of work stoppages, even when undertaken for necessary changes to the healthcare system. Similarly, the Delhi Medical Council in India issued a statement that “under no circumstances doctors should resort to strike as the same puts patient care in serious jeopardy.”[36] On the other hand, the positions taken by the Malaysian Medical Council (MMC) and Malaysian Medical Association (MMA) on doctors’ strikes are less clear when compared to their Western counterparts. The MMC, in their recently updated Code of Professional Conduct 2019, states that “the public reputation of the medical profession requires that every member should observe proper standards of personal behavior, not only in his professional activities but at all times.” Strikes may lead to imprisonment and disciplinary actions by MMC for those involved. Similarly, the MMA Code of Medical Ethics published in 2002 states that doctors must “make sure that your personal beliefs do not prejudice your patients' care.”[37] The MMA which is traditionally meant to represent the voices of doctors in Malaysia, may hold a more moderate position on strikes. Although HCW strikes are not explicitly mentioned in either professional body’s code of conduct and ethics, the consensus is that doctors should not do anything that will harm patients and they must maintain the proper standard of behaviors. These statements seem too general and do not represent the complexity of why and how a strike could take place. Therefore, it has been suggested that doctors and medical organizations should develop a new consensus on issues pertaining to medical professional’s social contract with society while considering the need to uphold the integrity of the profession. Experts in law, ethics, and medicine have long debated whether and when HCW strikes can be justified. If a strike is not expected to result in patient harm it is perhaps acceptable.[38] Although these debates have centered on the potential risks that strikes carry for patients, these actions also pose risks for HCWs as they may damage morale and reputation.[39] Most fundamentally, strikes raise questions about what healthcare workers owe society and what society owes them. For strikes to be morally permissible and ethical, it is suggested that they must fulfil these three criteria:[40] a. Strikes should be proportionate, e., they ‘should not inflict disproportionate harm on patients’, and hospitals should as a minimum ‘continue to provide at least such critical services as emergency care.’ b. Strikes should have a reasonable hope of success, at least not totally futile however tough the political rhetoric is. c. Strikes should be treated as a last resort: ‘all less disruptive alternatives to a strike action must have been tried and failed’, including where appropriate ‘advocacy, dissent and even disobedience’. The current strike does not fulfil the criteria mentioned. As Malaysia is still burdened with a high number of COVID-19 cases, a considerable absence of doctors from work will disrupt health services across the country. Second, since the strike organizer is not unionized, it would be difficult to negotiate better terms of contract and career paths. Third, there are ongoing talks with MMA representing the fraternity and the current government, but the time is running out for the government to establish a proper long-term solution for these contract doctors. One may argue that since the doctors’ contracts will end in a few months with no proper pathways for specialization, now is the time to strike. However, the HCW right to strike should be invoked only legally and appropriately after all other options have failed. CONCLUSION The strike in Malaysia has begun since the drafting of this paper. Doctors involved assure that there will not be any risk to patients, arguing that the strike is “symbolic”.[41] Although an organized strike remains a legal form of industrial action, a strike by HCWs in Malaysia poses various unprecedented challenges and ethical dilemmas, especially during the pandemic. The anonymous and uncoordinated strike without support from the appropriate labor unions may only spark futile discussions without affirmative actions. It should not have taken a pandemic or a strike to force the government to confront the issues at hand. It is imperative that active measures be taken to urgently address the underlying issues relating to contract physicians. As COVID-19 continues to affect thousands of people, a prompt reassessment is warranted regarding the treatment of HCWs, and the value placed on health care. [1] Ministry of Health (MOH) Malaysia, “Current situation of COVID-19 in Malaysia.” http://covid-19.moh.gov.my/terkini (accessed Jul. 01, 2021). [2] “Future of 4,000 young doctors who are contract medical officers uncertain,” New Straits Times - November 26, 2020. https://www.nst.com.my/news/nation/2020/11/644563/future-4000-young-doctors-who-are-contract-medical-officers-uncertain [3] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [4] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327; G. Russo et al., “Health workers’ strikes in low-income countries: the available evidence,” Bull. World Health Organ., vol. 97, no. 7, pp. 460-467H, Jul. 2019, doi: 10.2471/BLT.18.225755. [5] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [6] E. Quinn, “Irish Doctors Strike to Protest Work Hours Amid Austerity,” The Wall Street Journal, 2013. https://www.wsj.com/articles/no-headline-available-1381217911?tesla=y (accessed Jun. 29, 2021). [7] “NHS workers back strike action in pay row by 2-to-1 margin,” The Guardian, 2014. https://www.theguardian.com/society/2014/sep/18/nhs-workers-strike-pay-unison-england (accessed Jun. 29, 2021); M. Limb, “Thousands of junior doctors march against new contract,” BMJ, p. h5572, Oct. 2015, doi: 10.1136/bmj.h5572. [8] J. Parry, “China coronavirus: Hong Kong health staff strike to demand border closure as city records first death,” BMJ, vol. 368, no. February, p. m454, Feb. 2020, doi: 10.1136/bmj.m454; “MultiCare healthcare workers strike, urging need for more PPEs, staff support,” Q13 FOX, 2020. https://www.q13fox.com/news/health-care-workers-strike-urging-need-for-ppes-risks-on-patient-safety (accessed Jun. 29, 2021); “Bolivia healthcare workers launch strike in COVID-hit region,” Al Jazeera, 2021. https://www.aljazeera.com/news/2021/2/9/bolivia-healthcare-workers-strike-covid-hit-region (accessed Jun. 29, 2021). [9] K. Arin, “Why are Korean doctors striking?” The Korea Herald, 2020. http://www.koreaherald.com/view.php?ud=20200811000941 (accessed Jun. 29, 2021). [10] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [11] “Hartal,” Oxford Advanced Learner’s Dictionary. https://www.oxfordlearnersdictionaries.com/definition/english/hartal (accessed Jun. 29, 2021). [12] “Hartal Doktor Kontrak,” Facebook. https://www.facebook.com/hartaldoktorkontrak. [13] R. Anand, “Underpaid and overworked, Malaysia’s contract doctors’ revolt amid Covid-19 surge,” The Straits Times, 2021. [14] Anand. [15] N. S. Roslan, M. S. B. Yusoff, A. R. Asrenee, and K. Morgan, “Burnout prevalence and its associated factors among Malaysian healthcare workers during covid-19 pandemic: An embedded mixed-method study,” Healthc., vol. 9, no. 1, 2021, doi: 10.3390/healthcare9010090. [16] Maina Kiai, “Report by the Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association,” 2016. [Online]. Available: http://freeassembly.net/wp-content/uploads/2016/10/A.71.385_E.pdf. [17] ETUI contributors, Strike rules in the EU27 and beyond. The European Trade Union Institute. ETUI, 2007. [18] National Labor Relations Board, National Labor Relations Act. 1935, pp. 151–169. [19] Ministry of Human Resources, Industrial Relations Act 1967 (Act 177), no. October. 2015, pp. 1–76. [20] Article 10 of the Federal Constitution states that all citizens have the right to form associations including registered trade or labor unions. A secret ballot with two-third majority will suffice to call for a strike required for submission to the DGTU within 7 days as stated in Section 25(A) of the Trade Union Act 1959. [21] Ministry of Human Resources Malaysia, Guidelines on Strikes, Pickets and Lockouts in Malaysia. Putrajaya, 2011. [22] Ordinance Emergency which was declared in Malaysia since 12 January 2021. Under the Ordinance Emergency, the king or authorized personnel may, as deemed necessary, demand any resources. [23] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow [24] S. A. Cunningham, K. Mitchell, K. M. Venkat Narayan, and S. Yusuf, “Doctors’ strikes and mortality: A review,” Soc. Sci. Med., vol. 67, no. 11, pp. 1784–1788, Dec. 2008, doi: 10.1016/j.socscimed.2008.09.044. [25] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [26] G. K. Kaguthi, V. Nduba, and M. B. Adam, “The impact of the nurses’, doctors’ and clinical officer strikes on mortality in four health facilities in Kenya,” BMC Health Serv. Res., vol. 20, no. 1, p. 469, Dec. 2020, doi: 10.1186/s12913-020-05337-9. [27] G. Ong’ayo et al., “Effect of strikes by health workers on mortality between 2010 and 2016 in Kilifi, Kenya: a population-based cohort analysis,” Lancet Glob. Heal., vol. 7, no. 7, pp. e961–e967, Jul. 2019, doi: 10.1016/S2214-109X (19)30188-3. [28] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [29] M. M. Z. U. Bhuiyan and A. Machowski, “Impact of 20-day strike in Polokwane Hospital (18 August - 6 September 2010),” South African Med. J., vol. 102, no. 9, p. 755, Aug. 2012, doi: 10.7196/SAMJ.6045. [30] M. Ruiz, A. Bottle, and P. Aylin, “A retrospective study of the impact of the doctors’ strike in England on 21 June 2012,” J. R. Soc. Med., vol. 106, no. 9, pp. 362–369, 2013, doi: 10.1177/0141076813490685. [31] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [32] D. Waithaka et al., “Prolonged health worker strikes in Kenya- perspectives and experiences of frontline health managers and local communities in Kilifi County,” Int. J. Equity Health, vol. 19, no. 1, pp. 1–15, 2020, doi: 10.1186/s12939-020-1131-y. [33] The study has shown that there were 9.1% reduction in admissions and around 6% fewer emergency cases and outpatient appointments than expected. An additional 52% increase in expected outpatient appointments cancelations were made by hospitals during that period. D. Furnivall, A. Bottle, and P. Aylin, “Retrospective analysis of the national impact of industrial action by English junior doctors in 2016,” BMJ Open, vol. 8, no. 1, p. e019319, Jan. 2018, doi: 10.1136/bmjopen-2017-019319. [34] D. Metcalfe, R. Chowdhury, and A. Salim, “What are the consequences when doctors strike?” BMJ, vol. 351, no. November, pp. 1–4, 2015, doi: 10.1136/bmj.h6231. [35] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [36] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010. [37] Malaysian Medical Association, “Malaysian Medical Association Official Website.” https://mma.org.my (accessed Jun. 29, 2021). [38] M. Toynbee, A. A. J. Al-Diwani, J. Clacey, and M. R. Broome, “Should junior doctors strike?” J. Med. Ethics, vol. 42, no. 3, pp. 167–170, Mar. 2016, doi: 10.1136/medethics-2015-103310. [39] R. Essex and S. M. Weldon, “Health Care Worker Strikes and the Covid Pandemic,” N. Engl. J. Med., vol. 384, no. 24, p. e93, Jun. 2021, doi: 10.1056/NEJMp2103327. [40] M. Selemogo, “Criteria for a just strike action by medical doctors,” Indian J. Med. Ethics, vol. 346, no. 21, pp. 1609–1615, Jan. 2014, doi: 10.20529/IJME.2014.010; A. J. Roberts, “A framework for assessing the ethics of doctors’ strikes,” J. Med. Ethics, vol. 42, no. 11, pp. 698–700, Nov. 2016, doi: 10.1136/medethics-2016-103395. [41] “Malaysia doctors strike, parliament meets as COVID strain shows,” Al Jazeera, July 26, 2021. https://www.aljazeera.com/news/2021/7/26/malaysia-doctors-strike-parliament-meets-as-covid-strains-grow
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Coghlan, Jo, and Lisa J. Hackett. "Parliamentary Dress." M/C Journal 26, no. 1 (March 15, 2023). http://dx.doi.org/10.5204/mcj.2963.

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Abstract:
Why do politicians wear what they wear? Social conventions and parliamentary rules largely shape how politicians dress. Clothing is about power, especially if we think about clothing as uniforms. Uniforms of judges and police are easily recognised as symbols of power. Similarly, the business suit of a politician is recognised as a form of authority. But what if you are a female politician: what do you wear to work or in public? Why do we expect politicians to wear suits and ties? While we do expect a certain level of behaviour of our political leaders, why does the professionalised suit and tie signal this? And what happens if a politician challenges this convention? Female politicians, and largely any women in a position of power in the public sphere, are judged when they don’t conform to the social conventions of appropriate dress. Arguably, male politicians are largely not examined for their suit preferences (unless you are Paul Keating wearing Zenga suits or Anthony Albanese during an election make-over), so why are female politicians’ clothes so scrutinised and framed as reflective of their abilities or character? This article interrogates the political uniform and its gendered contestations. It does so via the ways female politicians are challenging gender norms and power relations in how they dress in public, political, and parliamentary contexts. It considers how rules and conventions around political clothing are political in themselves, through a discussion on how female politicians and political figures choose to adhere to or break these rules. Rules about what dress is worn by parliamentarians are often archaic, often drawn from rules set by parliaments largely made up of men. But even with more women sitting in parliaments, dress rules still reflect a very masculine idea of what is appropriate. Dress standards in the Australian federal parliament are described as a “matter for individual judgement”, however the Speaker of the House of Representatives can make rulings on members’ attire. In 1983, the Speaker ruled dress was to be neat, clean, and decent. In 1999, the Speaker considered dress to be “formal” and “similar to that generally accepted in business and professional circles”. This was articulated by the Speaker to be “good trousers, a jacket, collar and tie for men and a similar standard of formality for women”. In 2005, the Speaker reinforced this ruling that dress should be “formal” in keeping with business and professional standards, adding there was no “dignity of the House for Members to arrive in casual or sportswear” (“Dress”). Clothes with “printed slogans” are not considered acceptable and result in a warning from the Speaker for Australian MPs to “dress more appropriately”. Previous dress rulings also include that members should not remove their jackets in parliament, “tailored safari suits without a tie were acceptable, members could wear hats in parliament but had to remove them while entering or leaving the chamber and while speaking”. The safari suit rule likely refers to the former Foreign Affairs Minister Gareth Evans’s wearing of the garment during the 1980s and 1990s. The Speaker can also rule on what a member of the federal parliament can’t do. While in parliament, members can’t smoke, can’t read a newspaper, can’t distribute apples, may not climb over seats, and can’t hit or kick their desks. Members of parliament can however use their mobile phones for text messaging, and laptops can be used for emails (“Dress”). These examples suggest an almost old-fashioned type of school rules juxtaposed with modern sensibilities, positing the ad-hoc nature of parliamentary rules, with dress rules further evidence of this. While a business suit is considered the orthodoxy of the political uniform for male politicians, this largely governs rules about what female politicians wear. The business suit, the quasi-political uniform for male MPs, is implicit and has social consensus. The suit, which covers the body, is comprised of trousers to the ankle, well cut in muted colours of blue, grey, brown, and black, with contrasting shirts, often white or light colours, ties that may have a splash of colour, often demonstrating allegiances or political persuasions, mostly red or blue, as in the case of Labor and Liberal or Republicans and Democrats. The conventions of the suit are largely proscribed onto women, who wear a female version of the male suit, with some leeway in colour and pattern. Dress for female MPs should be modest, as with the suit, covering much of the body, and especially have a modest neckline and be at least knee length. In the American Congress, the dress code requires “men to wear suit jackets and ties ... and women are not supposed to wear sleeveless tops or dresses without a sweater or jacket” (Zengerle). In 2017, this prompted US Congresswomen to wear sleeveless dresses as a “right to bare arms” (Deutch and Karl). In these two Australian and American examples of a masculine parliamentary wear it is reasonable to suppose a seeming universality about politicians’ dress codes. But who decides what is the correct mode of political uniform? Sartorial rules about what are acceptable clothing choices are usually made by the dominant group, and this is the case when it comes to what politicians wear. Some rules about what is worn in parliament are archaic to our minds today, such as the British parliament law from 1313 which outlaws the wearing of armour and weaponry inside the chamber. More modern rulings from the UK include the banning of hats in the House of Commons (although not the Lords), and women being permitted handbags, but not men (Simm). This last rule reveals how clothing and its performance is gendered, as does the Australian parliament rule that a “Member may keep his hands in his pockets while speaking” (“Dress”), which assumes the speaker is likely a man wearing trousers. Political Dress as Uniform While political dress may be considered as a dress ‘code’ it can also be understood as a uniform because the dress reflects their job as public, political representatives. When dress code is considered as a uniform, homogenisation of dress occurs. Uniformity, somewhat ironically, can emphasise transgressions, as Jennifer Craik explains: “cultural transgression is a means of simultaneously undermining and reinforcing rules of uniforms since an effective transgressive performance relies on shared understandings of normative meanings, designated codes of conduct and connotations” (Craik 210). Codified work wear usually comes under the umbrella of uniforms. Official uniforms are the most obvious type of uniforms, clearly denoting the organisation of the wearer. Military, police, nurses, firefighters, and post-office workers often have recognisable uniforms. These uniforms are often accompanied by a set of rules that govern the “proper” wearing of these items. Uniforms rules do not just govern how the clothing is worn, they also govern the conduct of the person wearing the uniform. For example, a police officer in uniform, whether or not on duty, is expected to maintain certain codes of behaviour as well as dress standards. Yet dress, as Craik notes, can also be transgressive, allowing the wearer to challenge the underpinning conventions of the dress codes. Both Australian Senator Sarah Hanson-Young and US Congresswoman Alexandria Ocasio-Cortez, to name just two, leveraged social understandings of uniforms when they used their clothing to communicate political messages. Fashion as political communication or as ‘fashion politics’ is not a new phenomenon (Oh 374). Jennifer Craik argues that there are two other types of uniform; the unofficial and the quasi-uniform (17). Unofficial uniforms are generally adopted in lieu of official uniforms. They generally arise organically from group members and function in similar ways to official uniforms, and they tend to be identical in appearance, even if hierarchical. Examples of these include the yellow hi-vis jackets worn by the French Gilets Jaunes during the 2018 protests against rising costs of living and economic injustice (Coghlan). Quasi-uniforms work slightly differently. They exist where official and unofficial rules govern the wearing of clothes that are beyond the normal social rules of clothing. For example, the business suit is generally considered appropriate attire for those working in a conservative corporate environment: some workplaces restrict skirt, trouser, and jacket colours to navy, grey, or black, accompanied by a white shirt or blouse. In this way we can consider parliamentary dress to be a form of “quasi-uniform”, governed by both official and unofficial workplaces rules, but discretionary as to what the person chooses to wear in order to abide by these rules, which as described above are policed by the parliamentary Speaker. In the Australian House of Representatives, official rules are laid down in the policy “Dress and Conduct in the Chamber” which allows that “the standard of dress in the Chamber is a matter for the individual judgement of each Member, [but] the ultimate discretion rests with the Speaker” (“Dress”). Clothing rules within parliamentary chambers may establish order but also may seem counter-intuitive to the notions of democracy and free speech. However, when they are subverted, these rules can make clothing statements seem even more stark. Jennifer Craik argues that “wearing a uniform properly ... is more important that the items of clothing and decoration themselves” (4) and it is this very notion that makes transgressive use of the uniform so powerful. As noted by Coghlan, what we wear is a powerful tool of political struggle. French revolutionaries rejected the quasi-uniforms of the French nobility and their “gold-braided coat, white silk stockings, lace stock, plumed hat and sword” (Fairchilds 423), and replaced it with the wearing of the tricolour cockade, a badge of red, blue, and white ribbons which signalled wearers as revolutionaries. Uniforms in this sense can be understood to reinforce social hierarchies and demonstrate forms of power and control. Coghlan also reminds us that the quasi-uniform of women’s bloomers in the 1850s, often referred to as “reform dress”, challenged gender norms and demonstrated women’s agency. The wearing of pants by women came to “symbolize the movement for women’s rights” (Ladd Nelson 24). The wearing of quasi-political uniforms by those seeking social change has a long history, from the historical examples already noted to the Khadi Movement led by Gandhi’s “own sartorial choices of transformation from that of an Englishman to that of one representing India” (Jain), to the wearing of sharecropper overalls by African American civil rights activists to Washington to hear Martin Luther King in 1963, to the Aboriginal Long March to Freedom in 1988, the Tibetan Freedom Movement in 2008, and the 2017 Washington Pink Pussy Hat March, just to name a few (Coghlan). Here shared dress uniforms signal political allegiance, operating not that differently from the shared meanings of the old-school tie or tie in the colour of political membership. Political Fashion Clothing has been used by queens, female diplomats, and first ladies as signs of power. For members of early royal households, “rank, wealth, magnificence, and personal virtue was embodied in dress, and, as such, dress was inherently political, richly materialising the qualities associated with the wearer” (Griffey 15). Queen Elizabeth I (1558-1603), in order to subvert views that she was unfit to rule because of her sex, presented herself as a virgin to prove she was “morally worthy of holding the traditionally masculine office of monarch” (Howey 2009). To do this she dressed in ways projecting her virtue, meaning her thousands of gowns not only asserted her wealth, they asserted her power as each gown featured images and symbols visually reinforcing her standing as the Virgin Queen (Otnes and Maclaren 40). Not just images and symbols, but colour is an important part of political uniforms. Just as Queen Elizabeth I’s choice of white was an important communication tool to claim her right to rule, Queen Victoria used colour to indicate status and emotion, exclusively wearing black mourning clothes for the 41 years of her widowhood and thus “creating a solemn and pious image of the Queen” (Agnew). Dress as a sign of wealth is one aspect of these sartorial choices, the other is dress as a sign of power. Today, argues Mansel, royal dress is as much political as it is performative, embedded with a “transforming power” (Mansel xiiv). With the “right dress”, be it court dress, national dress, military or civil uniform, royals can encourage loyalty, satisfy vanity, impress the outside world, and help local industries (Mansel xiv). For Queen Elizabeth II, her uniform rendered her visible as The Queen; a brand rather than the person. Her clothes were not just “style choices”; they were “steeped with meaning and influence” that denoted her role as ambassador and figurehead (Atkinson). Her wardrobe of public uniforms was her “communication”, saying she was “prepared, reliable and traditional” (Atkinson). Queen Elizabeth’s other public uniform was that of the “tweed-skirted persona whose image served as cultural shorthand for conservative and correct manner and mode” (Otnes and Maclaren 19). For her royal tours, the foreign dress of Queen Elizabeth was carefully planned with a key “understanding of the political semantics of fashion … with garments and accessories … pay[ing] homage to the key symbols of the host countries” (Otnes and Maclaren 49). Madeline Albright, former US Secretary of State, engaged in sartorial diplomacy not with fashion but with jewellery, specifically pins (Albright). She is quoted as saying on good days, when I wanted to project prosperity and happiness, I'd put on suns, ladybugs, flowers, and hot-air balloons that signified high hopes. On bad days, I'd reach for spiders and carnivorous animals. If the progress was slower than I liked during a meeting in the Middle East, I'd wear a snail pin. And when I was dealing with crabby people, I put on a crab. Other ambassadors started to notice, and whenever they asked me what I was up to on any given day, I would tell them, “Read my pins”. (Burack) Two American first ladies, Hillary Rodham Clinton and Michelle Obama, demonstrate how their fashion acted as a political uniform to challenge the ideal notions of American womanhood that for generations were embedded in the first lady (Rall et al.). While modern first ladies are now more political in their championing of causes and play an important role in presidential election, there are lingering expectations that the first lady be the mother of the nation (Caroli). First Lady Hillary Rodham Clinton’s eclectic style challenged the more conservative tone set by prior Republican first ladies, notably Barbara Bush. Rodham Clinton is a feminist and lawyer more interested in policy that the domesticity of White House functions and décor. Her fashion reflects her “independence, individuality and agency”, providing a powerful message to American women (Rall et al. 274). This was not that much of a shift from her appearance as the wife of a Southern Governor who wouldn’t wear makeup and kept her maiden name (Anderson and Sheeler 26). More recently, as Democratic Presidential nominee, Rodham Clinton again used fashion to tell voters that a woman could wear a suit and become president. Rodham Clinton’s political fashion acted to contest the gender stereotypes about who could sit in the White House (Oh 374). Again, the pantsuit was not new for Rodham Clinton; “when I ran for Senate in 2000 and President in 2008, I basically had a uniform: a simple pantsuit, often black” (Mejia). Rodham Clinton says the “benefit to having a uniform is finding an easy way to fit in … to do what male politicians do and wear more or less the same thing every day”. As a woman running for president in 2016, the pantsuit acted as a “visual cue” that she was “different from the men but also familiar” (Mejia). Similarly, First Lady Michelle Obama adopted a political uniform to situate her role in American society. Gender but also race and class played a role in shaping her performance (Guerrero). As the first black First Lady, in the context of post-9/11 America which pushed a “Buy American” retail campaign, and perhaps in response to the novelty of a black First Lady, Obama expressed her political fashion by returning the First Lady narrative back to the confines of family and domesticity (Dillaway and Paré). To do this, she “presented a middle-class casualness by wearing mass retail items from popular chain stores and the use of emerging American designers for her formal political appearances” (Rall et al. 274). Although the number of women elected into politics has been increasing, gender stereotypes remain, and female representation in politics still remains low in most countries (Oh 376). Hyland argues that female politicians are subject to more intense scrutiny over their appearance … they are held to higher standards for their professional dress and expected to embody a number of paradoxes — powerful yet demure, covered-up but not too prim. They’re also expected to keep up with trends in a way that their male counterparts are not. Sexism can too easily encroach upon critiques of what they wear. How female politicians dress is often more reported than their political or parliamentary contributions. This was the case for Australia’s first female Prime Minister Julia Gillard. Jansens’s 2019 research well demonstrates the media preoccupation with political women’s fashion in a number of ways, be it the colours they choose to wear, how their clothing reveals their bodies, and judgements about the professionalism of their sartorial choices and the number of times certain items of clothing are worn. Jansens provides a number of informative examples noting the media’s obsession with Gillard’s choices of jackets that were re-worn and tops that showed her cleavage. One Australian Financial Review columnist reported, I don’t think it’s appropriate for a Prime Minister to be showing her cleavage in Parliament. It’s not something I want to see. It is inappropriate to be in Parliament, it is disrespectful to yourself and to the Australian community and to the parliament to present yourself in a manner that is unprofessional. (Jansens) The media preoccupation with female politicians’ clothing is noted elsewhere. In the 2012 Korean presidential election, Geun-hye Park became the first female president of Korea, yet media reports focussed largely on Park’s fashion: a 2013 newspaper published a four-page analysis titled “Park Geun-hye Fashion Project”. Another media outlet published a review of the 409 formal function outfits worn by Park (Oh 378). The larger focus, however, remains on Park’s choice to wear a suit, referred to as her “combat uniform” (Cho), for her daily parliamentary and political duties. This led Oh to argue that Korean female politicians, including Park, wear a “male suit as a means for benefit and survival”; however, with such media scrutiny “female politicians are left under constant surveillance” (382). As Jansens argues, clothing can act as a “communicative barrier between the body and society”, and a narrative that focusses on how clothes fit and look “illustrates women’s bodies as exceptional to the uniform of the political sphere, which is a masculine aesthetic” (212). Drawing on Entwistle, Jansens maintains that the the uniform “serves the purpose in policing the boundaries of sexual difference”, with “uniforms of gender, such as the suit, enabl[ing] the repetitious production of gender”. In this context, female politicians are in a double bind. Gillard, for example, in changing her aesthetic illustrates the “false dichotomy, or the ‘double bind’ of women’s competency and femininity that women can be presented with regarding their agency to conform, or their agency to deviate from the masculine aesthetic norm” (Jansens 212). This was likely also the experience of Jeannette Rankin, with media reports focusing on Rankin’s “looks and “personal habits,” and headlines such “Congresswoman Rankin Real Girl; Likes Nice Gowns and Tidy Hair” (“Masquerading”). In this article, however, the focus is not on the media preoccupation with female politicians’ political fashion; rather, it is on how female politicians, rather than conforming to masculine aesthetic norms of wearing suit-like attire, are increasingly contesting the political uniform and in doing so are challenging social and political boundaries As Yangzom puts it, how the “embodiment of dress itself alters political space and civic discourse is imperative to understanding how resistance is performed in creating social change” (623). This is a necessary socio-political activity because the “way the media talks about women affects the way women are perceived in society. If women’s appearances are consistently highlighted in the media, inequality of opportunity will follow from this inequality of treatment” (Jansens 215). Contesting the Political Uniform Breaking fashion norms, or as Entwistle argues, “bodies which flout the conventions of their culture and go without the appropriate clothes are subversive of the most basic social codes and risk exclusion, scorn and ridicule” (7), hence the price may be high to pay for a public figure. American Vice-President Kamala Harris’s penchant for comfy sneakers earned her the nickname “the Converse candidate”. Her choice to wear sneakers rather than a more conventional low-heel shoe didn’t necessarily bring about a backlash; rather, it framed her youthful image (possibly to contrast against Trump and Biden) and posited a “hit the ground running” approach (Hyland). Or, as Devaney puts it, “laced up and ready to win … [Harris] knew her classic American trainers signalled a can-do attitude and a sense of purpose”. Increasingly, political women, rather than being the subject of social judgments about their clothing, are actively using their dressed bodies to challenge and contest a range of political discourses. What a woman wears is a “language through which she can send any number of pointed messages” (Weiss). In 2021, US Congresswoman Alexandria Ocasio-Cortez wore a ‘Tax the rich’ dress to the Met Gala. The dress was designed by social activist designers Brother Vellies and loaned to Ocasio-Cortez to attend the $30,000 ticket event. For Ocasio-Cortez, who has an Instagram following of more than eight million people, the dress is “about having a real conversation about fairness and equity in our system, and I think this conversation is particularly relevant as we debate the budget” (“Alexandria”). For Badham, “in the blood-spattered garments of fighting class war” the “backlash to Alexandria Ocasio-Cortez’s … dress was instant and glorious”. At the same event, Congresswomen Carolyn Maloney wore an ‘Equal Rights for Women’ suffragette-themed floor length dress in the suffragette colours of purple, white, and gold. Maloney posted that she has “long used fashion as a force 4 change” (Chamlee). US Senator Kyrsten Sinema is known for her “eccentric hipster” look when sitting in the chamber, complete with “colourful wigs, funky glasses, gold knee-high boots, and a ring that reads ‘Fuck off”’ (Hyland). Simena has been called a “Prada Socialist” and a “fashion revolutionary” (Cauterucci). Similarly, UK politician Harriet Harmen received backlash for wearing a t-shirt which read “This is what a feminist looks like” when meeting PM David Cameron (Pilote and Montreuil). While these may be exceptions rather than the rule, the agency demonstrated by these politicians speaks to the patriarchal nature of masculine political environments and the conventions and rules that maintain gendered institutions, such as parliaments. When US Vice-President Kamala Harris was sworn in, she was “not only … the first woman, Black woman, and South Asian-American woman elected to the position, but also … the first to take the oath of office wearing something other than a suit and tie”, instead wearing a feminised suit consisting of a purple dress and coat designed by African-American designer Christopher John Rogers (Naer). Harris is often photographed wearing Converse sneakers, as already noted, and Timberland work boots, which for Naer is “quietly rebellious” because with them “Harris subverts expectations that women in politics should appear in certain clothing (sleek heels, for instance) in order to compete with men — who are, most often, in flats”. For Elan, the Vice-President’s sneakers may be a “small sartorial detail, but it is linked to the larger cultural moment in which we live. Sneakers are a form of footwear finding their way into many women’s closets as part of a larger challenge to outmoded concepts of femininity” as well as a nod to her multiracial heritage where the “progenitors of sneaker culture were predominantly kids of colour”. Her dress style can act to disrupt more than just gender meanings; it can be extended to examine class and race. In 2022, referencing the Alexandria Ocasio-Cortez 2021 Met dress, Claudia Perkins, the wife of Australian Greens leader Adam Bandt, wore a “white, full-length dress covered in red and black text” that read “coal kills” and “gas kills”, with slick, long black gloves. Bandt wore a “simple tux with a matching pocket square of the same statement fabric” to the federal parliament Midwinter Ball. Joining Perkins was Greens Senator Sarah Hanson-Young, wearing an “hourglass white dress with a statement on the back in black letters” that read: “end gas and coal”. The trim on the bottom was also covered in the same text. Hanson-Young posted on social media that the “dress is made from a 50-year-old damask table cloth, and the lettering is made from a fast fashion handbag that had fallen apart” (Bliszczyk). Federal MP Nicolle Flint posted a video on Twitter asking a political commentator what a woman in politics should wear. One commentator had taken aim at Flint’s sartorial choices which he described “pearl earrings and a pearly smile” and a “vast wardrobe of blazers, coats and tight, black, ankle-freezing trousers and stiletto heels”. Ending the video, Flint removes her black coat to reveal a “grey bin bag cinched with a black belt” (Norman). In 2018, Québec politician Catherine Dorian was criticised for wearing casual clothes, including Dr Marten boots, in parliament, and again in 2019 when Dorian wore an orange hoodie in the parliamentary chamber. The claim was that Dorian “did not respect decorum” (Pilote and Montreuil). Dorian’s response was “it’s supposed to be the people’s house, so why can’t we look like normal people” (Parrillo). Yet the Québec parliament only has dress rules for men — jacket, shirt and ties — and has no specifics for female attire, meaning a female politician can wear Dr Martens or a hoodie, or meaning that the orthodoxy is that only men will sit in the chamber. The issue of the hoodie, somewhat like Kamala Harris’s wearing of sneakers, is also a class and age issue. For Jo Turney, the hoodie is a “symbol of social disobedience” (23). The garment is mass-produced, ordinary, and democratic, as it can be worn by anyone. It is also a sign of “criminality, anti-social behaviour and out of control youth”. If the media are going to focus on what female politicians are wearing rather than their political actions, it is unsurprising some will use that platform to make social and political comments on issues relating to gender, but also to age, class, and policies. While this may maintain a focus on their sartorial choices, it does remind us of the double bind female politicians are in. With parliamentary rules and social conventions enamoured with the idea of a ‘suit and tie’ being the appropriate uniform for political figures, instances when this ‘rule’ is transgressed will risk public ridicule and social backlash. However, in instances were political women have chosen to wear garments that are not the conventional political uniform of the suit and tie, i.e. a dress or t-shirt with a political slogan, or a hoodie or sneakers reflecting youth, class, or race, they are challenging the customs of what a politician should look like. Politicians today are both men and women, different ages, abilities, sexualities, ethnicities, religions, and demographics. To narrowly suppose what a politician is by what they wear narrows public thinking about a person’s contribution or potential contribution to public life. 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