Uncivil obedience, also sometimes called malicious compliance, has the potential to be a galvanizing force for political change. Historically, it played a key role in many 20th century labor movements, and is still used today by both individuals and more organized activist groups. Despite this, uncivil obedience is less often a topic of philosophical discussion than its more well-known cousin, civil disobedience. In particular, uncivil obedience’s relationship to violence is almost entirely unexplored. In this paper, I outline the necessary conditions for some act to count as uncivil obedience, discuss its relationship to violence, and then present the conditions that must be met for uncivil obedience to be justified. Like other forms of protest and resistance, uncivil obedience has normative limits; there are things we ought not do with it, even in the name of fighting for a better world.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
“Mr. Roosevelt Answers.” 1895. New York Times, July 17. https://www.nytimes.com/1895/07/17/archives/mr-roosevelt-answers-forcible-reply-to-mr-hills-letters-on-the.html.
Adams, N. P. 2018. “Uncivil Disobedience: Political Commitment and Violence.” Res Publica 24: 475-491. https://doi.org/10.1007/s11158-017-9367-0.
Alexander, Michelle. 2012. “Go to Trial: Crash the Justice System.” New York Times, March 10. https://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0.
Allan, T. R. S. 2013. “The Rule of Law: Freedom, Law, and Justice,” in The Sovereignty of Law: Freedom, Constitution and Common Law. Oxford: Oxford University Press.
Archibold, Randal C. 2010. “Arizona Enacts Stringent Law on Immigration.” New York Times, April 23. https://www.nytimes.com/2010/04/24/us/politics/24immig.html.
Austin, John. 1832. The Province of Jurisprudence Determined. Edited by W. Rumble. Cambridge: Cambridge University Press, 1995.
Baker, Ray Stannard. 1898. “Theodore Roosevelt: A Character Sketch.” McClure’s Magazine, November, 23-32.
Balko, Radley. 2014. Rise of the Warrior Cop: The Militarization of America’s Police Forces. New York: Public Affairs.
Bar On, Bat-Ami. 2019. “But is it Fascism?” Journal of Social Philosophy 50 (4): 407-424.
Bar On, Bat-Ami. 2012. “Standing between Us and our Grave Wrongdoings.” Midwest Studies in Philosophy 36 (1): 112-126.
Brownlee, Kimberley. 2012. Conscience and Conviction: The Case for Civil Disobedience. Oxford: Oxford University Press.
Bryan, Alexander. 2023. “The Epistemic Dimensions of Civil Disobedience.” The Journal of Political Philosophy 00, 1-21. https://doi.org/10.1111/jopp.12310.
Buchanan, Allen. 2003. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford: Oxford University Press.
Bulman-Pozen, Jessica and David E. Pozen. 2015. “Uncivil Obedience.” Columbia Law Review 115 (4): 809-872. https://columbialawreview.org/content/uncivil-obedience-2/.
Calhoun, Cheshire. 2000. “The Virtue of Civility.” Philosophy & Public Affairs 29 (3): 251-275. http://www.jstor.org/stable/2672847.
Christoyannopoulos, Alexandre J.M.E. 2010. Christian Anarchism: A Political Commentary on the Gospel. Exeter, UK: Imprint Academic.
Christoyannopoulos, Alexandre. 2020. Tolstoy’s Political Thought: Christian Anarcho-Pacifist Iconoclasm Then and Now. New York: Routledge.
Delmas, Candice. 2016. “Civil Disobedience.” Philosophical Compass 11 (11): 681-91. doi:10.1111/phc3.12354.
Delmas, Candice. 2018. A Duty to Resist: When Disobedience Should Be Uncivil. New York: Oxford University Press.
Di Paola, Pietro. 2009. “Biennio Rosso (1919-1920).” In The International Encyclopedia of Revolution and Protest, edited by Immanuel Ness. Wiley-Blackwell. https://doi.org/10.1002/9781405198073.wbierp0198.
Dworkin, Ronald. 1977. Taking Rights Seriously. Cambridge, Mass: Harvard University Press.
Evans, Richard J. 2008. “Sabotaging Hitler’s Bombs.” The New York Review, February 14. https://www.nybooks.com/articles/2008/02/14/sabotaging-hitlers-bombs/.
Fiala, Andrew, and Jennifer Kling. 2023. Can War Be Justified? A Debate. New York: Routledge.
Finnegan, William. 2020. “How police unions fight reform.” The New Yorker, July 27. https://www.newyorker.com/magazine/2020/08/03/how-police-unions-fight-reform.
Frowe, Helen. 2014. Defensive Killing: An Essay on War and Self-Defence. Oxford: Oxford University Press.
Galtung, Johan. 1969. “Violence, Peace, and Peace Research.” Journal of Peace Research 6 (3): 167-191. http://www.jstor.org/stable/422690.
Garver, Newton. 1973. “What Violence Is.” In Philosophy for a New Generation, Second Edition, edited by Bierman, A. K. and James A. Gould, 256-266. New York: MacMillan.
González, Daniel. 2010. “sb 1070 backlash spurs Hispanics to join Democrats.” The Arizona Republic, June 8.
Grant, Ulysses S. 1869. “First Inaugural Address of Ulysses S. Grant.” Lillian Goldman Law Library, Yale Law School. Washington, D.C. https://avalon.law.yale.edu/19th_century/grant1.asp.
Harper, Leland and Jennifer Kling. 2022. Racist, Not Racist, Antiracist: Language and the Dynamic Disaster of American Racism. New York: Lexington Books.
Harris, Craig, Alia Beard Rau, and Glen Creno. 2010. “Arizona Governor Signs Immigration Law; Foes Promise Fight.” The Arizona Republic, April 24.
Heller, Charles Ota. 2014. Czech Saboteurs in World War ii. Charles O Heller Blog. https://charlesoheller.com/2014/01/30/czech-saboteurs-in-world-war-ii/.
Kamm, F.M. 2012. The Moral Target: Aiming at Right Conduct in War and Other Conflicts. Oxford: Oxford University Press.
Kant, Immanuel. 1983. Perpetual Peace, and Other Essays on Politics, History, and Morals, edited by Ted Humphrey. Indianapolis: Hackett Pub. Co.
Kling, Jennifer and Megan Mitchell. 2019. "Bottles and Bricks: Rethinking the Prohibition Against Violent Political Protest." Radical Philosophy Review 22 (2): 209-237.
Kling, Jennifer and Megan Mitchell. 2021. The Philosophy of Protest: Fighting for Justice without Going to War. Lanham, MD: Rowman & Littlefield International.
Kling, Jennifer. 2023. “Uncivil Obedience: A Method for (Potentially) Decreasing Political Polarization.” In Politics, Polarity, and Peace, edited by Will Barnes. Leiden: Brill Rodopi.
Lai, Ten-Herng and Chong-Ming Lim. 2023. “Environmental Activism and the Fairness of Costs Argument for Uncivil Disobedience.” Journal of the American Philosophical Association 9 (3): 490-509.
Markovits, Daniel. 2016. “Civility, Rule-Following, and the Authority of Law.” Columbia Law Review 116: 32-43. https://columbialawreview.org/content/civility-rule-following-and-the-authority-of-law/.
McMahan, Jeff. 2009. Killing in War. Oxford: Oxford University Press.
McMahan, Jeff. 2016. “The Limits of Self-Defense.” In The Ethics of Self-Defense, edited by Christian Coons and Michael Weber, 185-210. Oxford: Oxford University Press.
Meyer, Josh. 1993. “Slowpokes make Point at 55 m.p.h.” Los Angeles Times, April 26. https://www.latimes.com/archives/la-xpm-1993-04-26-me-27445-story.html.
Morreall, John. 1976. “The Justifiability of Violent Civil Disobedience.” Canadian Journal of Philosophy 6 (1): 35-47.
Quong, Jonathan. 2012. “Liability to Defensive Harm.” Philosophy & Public Affairs 40 (1): 45-77.
Petrolini, Valentina, Marta Jorba, and Agustin Vicente. 2023. “What does it take to be rigid? Reflections on the notion of rigidity in autism.” Frontiers in psychiatry, 14: 1072362. https://doi.org/10.3389/fpsyt.2023.1072362
Rawls, John. 1999. A Theory of Justice, Revised Edition. Cambridge, MA: Belknap Press.
Raz, Joseph. 1979. The Authority of Law: Essays on Law and Morality. Oxford: Clarendon Press.
Simmons, A. John. 2010. “Disobedience and its Objects.” Boston University Law Review 90 (4): 1805-1831.
Simon, William H. 1998. The Practice of Justice: A Theory of Lawyers’ Ethics. Cambridge, Massachusetts: Harvard University Press.
Smart, J. J. C. and Bernard Williams. 1973. Utilitarianism: For and Against. Cambridge: Cambridge University Press.
Spitzer, Dean R. 2007. Transforming Performance Measurement: Rethinking the Way We Measure and Drive Organizational Success. New York: American Management Association.
Staughton, John. “What is Malicious Compliance?” Scienceabc, July 8, 2019. Updated June 2, 2024.
Thomson, Judith Jarvis. 1991. “Self-Defense.” Philosophy & Public Affairs 20 (4): 283–310.
Waldron, Jeremy. 2011. “The Rule of Law and the Importance of Procedure.” Nomos 50: 3-31. https://www.jstor.org/stable/24220105.
Walzer, Michael. 2006. Just and Unjust Wars: A Moral Argument with Historical Illustrations, Fourth Edition. New York: Basic Books.
Young, Iris Marion. 2011. Responsibility for Justice. Oxford: Oxford University Press.
Zizek, Slavoj. 2011. “Liberalism as Politics for a Race of Devils.” abc Religion & Ethics, November 22. https://www.abc.net.au/religion/liberalism-as-politics-for-a-race-of-devils/10100998.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2308 | 516 | 48 |
| Full Text Views | 75 | 37 | 2 |
| PDF Views & Downloads | 154 | 94 | 4 |
Uncivil obedience, also sometimes called malicious compliance, has the potential to be a galvanizing force for political change. Historically, it played a key role in many 20th century labor movements, and is still used today by both individuals and more organized activist groups. Despite this, uncivil obedience is less often a topic of philosophical discussion than its more well-known cousin, civil disobedience. In particular, uncivil obedience’s relationship to violence is almost entirely unexplored. In this paper, I outline the necessary conditions for some act to count as uncivil obedience, discuss its relationship to violence, and then present the conditions that must be met for uncivil obedience to be justified. Like other forms of protest and resistance, uncivil obedience has normative limits; there are things we ought not do with it, even in the name of fighting for a better world.
| All Time | Past 365 days | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 2308 | 516 | 48 |
| Full Text Views | 75 | 37 | 2 |
| PDF Views & Downloads | 154 | 94 | 4 |