Are Dissenters Epistemically Arrogant?

Criminal Law and Philosophy 15 (1):1-23 (2020)
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Abstract

“One who elects to serve mankind by taking the law into his own hands thereby demonstrates his conviction that his own ability to determine policy is superior to democratic decision making. [Defendants’] professed unselfish motivation, rather than a justification, actually identifies a form of arrogance which organized society cannot tolerate.” Those were the words of Justice Harris L. Hartz at the sentencing hearing of three nuns convicted of trespassing and vandalizing government property to demonstrate against U.S. foreign policy. Citizens engaging in civil disobedience are indeed at times accused of being arrogant because they apparently think their own political judgment is superior to that of the democratic majority. This paper examines and evaluates the claim that dissenters are epistemically arrogant. Contrary to the dominant viewpoint in the literature, I argue that epistemic arrogance involves inflating the epistemic worth of one’s view. Indeed, the most plausible charge against civil dissenters consists of two claims: (A) civil dissenters have a higher degree of rational certainty in P than is warranted, and (B) civil dissenters use a method of expression that requires a higher level of rational certainty than is warranted in the propositions that their political view is right and the injustice they fight is substantial. I argue that civil disobedience does not necessarily involve epistemic arrogance. Whether an act of civil disobedience evinces epistemic arrogance has to be determined on a case-by-case basis depending on the extent to which each dissenter lives up to (A) and (B).

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Tine Hindkjaer Madsen
University of Oxford

Citations of this work

Civil disobedience.Kimberley Brownlee & Candice Delmas - 2021 - Stanford Encyclopedia of Philosophy.

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References found in this work

Taking Rights Seriously.Ronald Dworkin - 1979 - Ethics 90 (1):121-130.
Taking Rights Seriously.Ronald Dworkin - 1979 - Mind 88 (350):305-309.
The division of cognitive labor.Philip Kitcher - 1990 - Journal of Philosophy 87 (1):5-22.
A Duty to Resist: When Disobedience Should Be Uncivil.Candice Delmas - 2018 - New York, USA: Oxford University Press.

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