What if “protecting innocent sentient beings from torture” is a higher moral priority than “living together in a society with people of greatly differing moral views”?
I’m sceptical that the distinction between flawed democracy and dictatorship is clean enough to justify civil disobedience on behalf of others only in the latter (if this is what you’re saying). Would you support rescuing American children from deliberate infection with hepatitis at Willowbrook in the 1960s?
On your first question, I think your framing isn’t addressing what happens if other people think the same way. The equilibrium where everyone with strong moral convictions feels licensed to break laws doesn’t seem to me like it’s better for vulnerable groups, just more chaotic. I think that to some extent you’re proposing smashing the “defect” button in a prisoner’s dilemma and hoping the other side doesn’t do the same.
On your second, I agree that it’s not a clear line between flawed democracy and dictatorship, but in the US today this isn’t really relevant.
On your third, I think the Willowbrook example is worth thinking about more carefully. As I understand the history, the binding constraint at Willowbrook wasn’t legal. Many parents and guardians retained custody and could have legally removed their children. The constraint was that families without resources didn’t have a better option. And in the end, legal activism was able to marshal those resources, albeit much more slowly than I would have wished.
I think that to some extent you’re proposing smashing the “defect” button in a prisoner’s dilemma and hoping the other side doesn’t do the same.
I’ve been pondering this. I think your button-smashing characterisation is basically accurate, and it is a leap of faith that those who engage in civil disobedience make: an appeal to the conscience of society, the jury etc..
You’re right to say that one way to think about universalisability is “if it’s okay for me to break the law to achieve what I consider to be a moral goal here, why can’t everyone break the law to achieve their own moral goals?”. But another way to think about universalisability is to go “if I were the one in Ridglan / Unit 731 / Willowbrook, what actions would I support to end my suffering?”
I don’t know whether it would be illegal for parents to break their children out of Willowbrook, but for the purposes of this question assume it was.
What if “protecting innocent sentient beings from torture” is a higher moral priority than “living together in a society with people of greatly differing moral views”?
I’m sceptical that the distinction between flawed democracy and dictatorship is clean enough to justify civil disobedience on behalf of others only in the latter (if this is what you’re saying). Would you support rescuing American children from deliberate infection with hepatitis at Willowbrook in the 1960s?
Taking each of these points in turn:
On your first question, I think your framing isn’t addressing what happens if other people think the same way. The equilibrium where everyone with strong moral convictions feels licensed to break laws doesn’t seem to me like it’s better for vulnerable groups, just more chaotic. I think that to some extent you’re proposing smashing the “defect” button in a prisoner’s dilemma and hoping the other side doesn’t do the same.
On your second, I agree that it’s not a clear line between flawed democracy and dictatorship, but in the US today this isn’t really relevant.
On your third, I think the Willowbrook example is worth thinking about more carefully. As I understand the history, the binding constraint at Willowbrook wasn’t legal. Many parents and guardians retained custody and could have legally removed their children. The constraint was that families without resources didn’t have a better option. And in the end, legal activism was able to marshal those resources, albeit much more slowly than I would have wished.
I’ve been pondering this. I think your button-smashing characterisation is basically accurate, and it is a leap of faith that those who engage in civil disobedience make: an appeal to the conscience of society, the jury etc..
You’re right to say that one way to think about universalisability is “if it’s okay for me to break the law to achieve what I consider to be a moral goal here, why can’t everyone break the law to achieve their own moral goals?”. But another way to think about universalisability is to go “if I were the one in Ridglan / Unit 731 / Willowbrook, what actions would I support to end my suffering?”
I don’t know whether it would be illegal for parents to break their children out of Willowbrook, but for the purposes of this question assume it was.