The Theretical bases of civil disobedience and its legitimacy

We can summarize the thesis with the title "The Theoretical Bases of Civil Disobedience and Its Legitimacy" as follows: Parallel to importance the thought civil society has gained in todays World, "civil disobedience" also has taken an essential place in both social and political literature. The function and the place of the "civil disobedience" in the Context of modern democracy in which the merit of discussion is undisputedly appreciated constitute the departure point of this thesis. Additionally, the role and the effectiveness of "civil disobedience" in the context of how the set optimum balance between state (code of laws, order, security) and individual (ethics, conscience, freedom) studied. When approached from the point of individual, this thesis focused on the following question: "What should the attitudes of the individual who is sensitive towards both functioning of constitutional order\ system and individual honour be after he or she finishes all legal procedures?". As historical experiences show, the most meaningful and reasonable way, probably the sole way, of this is "civil disobedience". As can be seen "civil disobedience" should be considered as a kind of protest very different from all sort of selfhess, apprehension, fanatism, anarchy and ideological obsession. İn this context the genesis of "civil disobedience" is to accept constitutional system as legitimate but the protest to those acts of the state/ government which are evidently unjust. According to this conception "civil disobedience" in final analysis is a kind of protest that overcomes the tension between "how to be a good human being" and "how to be a good citizen" with positive procedures and processes. Than the way of the act in question is not haphazard but on the contrary it is of a certain qualified violation. İt is because this that "civil disobedience" contains, at least, "nonviolentness", "publicity", "consciousness" and "being ready to the consequences of the act". The "civil disobedience" based on these principles, as generally argued, cannot be attributed to Classical Liberal Thought. Altought "civil disobedience" is on liberal line it is source is rather different. This source is a kind of consensus principle prefering "the right" on "good"(benefit), this principle was developed Kant and Rawsl. The legitimacy of "civil disobedience" is of course not lawful but ethical and sosyological that ethics is something more than "positive law" give that chance. Unlike many people put forward, "civil disobedience" is not meaningful in totalitarian polities but on the contrary in democratic systems. Because persuasion is possible in just "open societies". Moreover, in overcoming the paradoxes of democracy, "civil disobedience" is an effective way of act.