Dissent Needs to Be Practiced

by SARTRE 

I heartily accept the motto, "That government is best which governs least", starts off one of the most famous treaties on dissent. Henry David Thoreau's essay Civil Disobedience is commonly understood to be the bible for civil disobedience. Most students in the subject are well aware of its significance on history. But how many have ever looked closely at the arguments?

Dissent can be broadly defined as a rejection of established conventions and a resistance to compliance in codes that are reflected in current laws. The intellectual opposition to established practices rests upon the natural right of the individual to be ruled by his conscience. Civil disobedience takes proactive measures to confront and contest those customs or ordinances.

We have all been led to believe and never question that a civilized society is one that must be ruled under laws. We are also told that a democracy is the finest example of a governance state. So how could it be justified that protest against a legitimate authority be rightful? Thoreau would reply that individualism endows individuals as sovereign, especially in a democracy, and the government only holds its power by delegation from free individuals. Any individual may, then, elect to stand apart from the domain of law.

The notion that one is obligated to exhaust every legal avenue is dubious, since justice delayed is justice denied. Thoreau argued that patience in fighting an injustice perpetuates the injustice. In the tradition that justifies civil disobedience by appeal to higher law, legal niceties count for relatively little.

Critics like to attack this idea with the Rousseauian contention that we must obey the law under a contract with other members of our society. As professor Peter Suber so astutely points out: "That those who object deeply to the injustices committed by the state can, and should, relinquish the benefits they receive from the state by living a life of voluntary simplicity and poverty; this form of sacrifice is in effect to revoke one's tacit consent to obey the law. Another of Thoreau's replies is that consent to join a society and obey its laws must always be express, and never tacit."

While the most tame at heart fear that granting such universal rights as self-determination to each individual will result in unbridled anarchy, Thoreau would argue that the state of anarchy has value and is natural. Central to this dispute lies the character that society seeks to claim it has the right to define the rights of the individual. While Thoreau rejects the idea that such authority resides within the collective will, he would accept that anarchy may have the potential for abuse, but that despotism is much worse. Thoreau would conclude that one simply must not lend one's weight to an unjust cause: "Disobey when obedience would cause more harm than disobedience."

Consider the following quotes from Thoreau:

"It is not desirable to cultivate a respect for the law, so much as for the right. The only obligation which I have a right to assume is to do at any time what I think right. It is truly enough said that a corporation has no conscience; but a corporation of conscientious men is a corporation with a conscience."

"If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth--certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank, exclusively for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then I say, break the law. Let your life be a counter-friction to stop the machine. What I have to do is to see, at any rate, that I do not lend myself to the wrong which I condemn."

The appeal of Thoreau is the purity of the essence of his beliefs, and the example that he practiced in his own life. In "Civil Disobedience," Thoreau expressed his belief in the power and, indeed, the obligation of the individual to determine right from wrong, independent of the dictates of society: ". . . any man more right than his neighbors, constitutes a majority of one . . . ."

If dissent to immoral constraints is the ultimate obligation of the devoted citizen, then why are so few willing to exercise their responsibilities? Isn't it their true civic duty to challenge the corruption and set the example for its correction? Dissent has at the core of its nature the quest for moral conduct. When Thoreau urges that if a law "requires you to be the agent of injustice to another, then I say, break the law," he is consistent with the rulings of the California Supreme Court.  In (Hallinan v Committee of Bar Examiners of State Bar, 1966, p. 239), it gives tacit approval to breaking the law as long as it is done within the framework of civil disobedience: "If we were to deny to every person who has engaged in . . . nonviolent civil disobedience . . . the right to enter a licensed profession, we would deprive the community of the services of many highly qualified persons of the highest moral courage."

Civil disobedience as a concept has been developed, defined, and justified as an act involving open and public violation of the law while volunteering to accept the legal penalties. This absolute openness--the lack of any attempt to avoid detection and prosecution--is essential in reaffirming respect for the process of law and accountability.

The dissent that Thoreau promotes has as its objective the restoration of a legitimate sense of lawful conduct. This moral directive is at odds with the proponent of the corrupt practices of State abuse. It is for this reason that he is depicted as a prototype of anarcho-syndicalists, when the only union he ever sought to enjoin was that of the harmony within the society. The means and moral fabric of sincere dissent is the supreme threat to evil regimes. No wonder that men of heartfelt courage are willing to accept his cry: "It is not a man's duty, as a matter of course, to devote himself to the eradication of any, even the most enormous wrong; he may still properly have other concerns to engage him; but it is his duty, at least, to wash his hands of it, and, if gives it no thought, not to give practically his support." Only when we withdraw our implicit support from depravity, in the guise of law, will we become bona fide citizens.

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July 3, 2002

SARTRE is a reformed, former political operative. This pundit's formal instruction in History, Philosophy and Political Science served as training for activism, on the staff of several politicians and in many campaigns. A believer in authentic 'Public Service,' independent business interests were pursued in the private sector. As a small business owner and entrepreneur, several successful ventures expanded opportunities for customers and employees. Speculation in markets and international business investments allowed for extensive travel and a world view for commerce. He is retired and lives with his wife in a rural community. Their daughter is a graduate of the University of London, and is working on an advance degree. 

"Populism" best describes the approach to SARTRE's perspective on Politics. Realities suggest that American Values can be restored with an appreciation of "Pragmatic Anarchism." Reforms will require an Existential approach. "Ideas Move the World," and SARTRE's intent is to stir the conscience of those who desire to bring back a common sense, moral and traditional value culture for America.

Not seeking fame nor fortune, SARTRE's only goal is to ask the questions that few will dare . . . . Having refused the invites of an academic career because of the hypocrisy of elites, the search for TRUTH is the challenge that is made to all readers. It starts within yourself and is achieved only with your sincere desire to face Reality.

So who is SARTRE? He is really an ordinary man just like you who invites you to join in on this journey.

SARTRE's home page is at BATR (Breaking All The Rules).

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