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Doing What the Law Requires by Breaking Mandatory Laws

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posted on 2025-06-06, 16:15 authored by Stefano BerteaStefano Bertea

In this work, I contribute to the debate on the status and legitimacy of principled disobedience in a democratic polity. After introducing the notion, I move to argue that principled disobedience can be framed not only as a moral and political stance but also, and without contradiction, as a legal requirement. As a result, it will be maintained that not only can we engage in principled disobedience without necessarily violating our legal obligations, but these obligations may actually mandate principled disobedience. This framing of the problem of principled lawbreaking makes the proposed discussion distinctive and original in virtue of its claim—namely, that we may have not only a moral justification to disobey the law but a legal obligation to do so, an obligation to break the law on principled legal grounds.

History

Author affiliation

College of Social Sci Arts and Humanities Leicester Law School

Version

  • VoR (Version of Record)

Published in

Canadian Journal of Law & Jurisprudence

Pagination

1 - 28

Publisher

Cambridge University Press (CUP)

issn

0841-8209

eissn

2056-4260

Copyright date

2025

Available date

2025-06-06

Language

en

Deposited by

Dr Stefano Bertea

Deposit date

2025-05-10

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