Civil Disobedience and Test Cases |
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Authors: | Marí a José Falcó n y Tella |
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Affiliation: | Complutense University of Madrid, Faculty of Law, Institute of Human Rights, Madrid, Spain |
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Abstract: | Abstract. This paper aims to approach the subject of civil disobedience from the triple perspective of the ethical, the legal, and the political. The novelty of our focus resides in the priority given to the legal aspect of civil disobedience, especially to the possible legal justification of civil disobedience, a perspective that is generally overlooked in analysing the phenomenon. This is where the Achilles heel is to be found, though it may provide unexploited insights into the issue from which significant conclusions can be drawn. |
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