by JASON BRENNAN
PHOTO/Samuel Corum/Anadolu Agency/Getty Images
If you see police choking someone to death – such as Eric Garner, the 43-year-old black horticulturalist wrestled down on the streets of New York City in 2014 – you might choose to pepper-spray them and flee. You might even save an innocent life. But what ethical considerations justify such dangerous heroics? (After all, the cops might arrest or kill you.) More important: do we have the right to defend ourselves and others from government injustice when government agents are following an unjust law? I think the answer is yes. But that view needs defending. Under what circumstances might active self-defence, including possible violence, be justified, as opposed to the passive resistance of civil disobedience that Americans generally applaud?
Civil disobedience is a public act that aims to create social or legal change. Think of Henry David Thoreau’s arrest in 1846 for refusing to pay taxes to fund the colonial exploits of the United States, or Martin Luther King Jr courting the ire of the authorities in 1963 to shame white America into respecting black civil rights. In such cases, disobedient citizens visibly break the law and accept punishment, so as to draw attention to a cause. But justifiable resistance need not have a civic character. It need not aim at changing the law, reforming dysfunctional institutions or replacing bad leaders. Sometimes, it is simply about stopping an immediate injustice. If you stop a mugging, you are trying to stop that mugging in that moment, not trying to end muggings everywhere. Indeed, had you pepper-sprayed the police officer Daniel Pantaleo while he choked Eric Garner, you’d have been trying to save Garner, not reform US policing.
Generally, we agree that it’s wrong to lie, cheat, steal, deceive, manipulate, destroy property or attack people. But few of us think that the prohibitions against such actions are absolute. Commonsense morality holds that such actions are permissible in self-defence or in defence of others (even if the law doesn’t always agree). You may lie to the murderer at the door. You may smash the windows of the would-be kidnapper’s car. You may kill the would-be rapist.
Here’s a philosophical exercise. Imagine a situation in which a civilian commits an injustice, the kind against which you believe it is permissible to use deception, subterfuge or violence to defend yourself or others. For instance, imagine your friend makes an improper stop at a red light, and his dad, in anger, yanks him out of the car, beats the hell out of him, and continues to strike the back of his skull even after your friend lies subdued and prostrate. May you use violence, if it’s necessary to stop the father? Now imagine the same scene, except this time the attacker is a police officer in Ohio, and the victim is Richard Hubbard III, who in 2017 experienced just such an attack as described. Does that change things? Must you let the police officer possibly kill Hubbard rather than intervene?
Most people answer yes, believing that we are forbidden from stopping government agents who violate our rights. I find this puzzling.
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