Henry David Thoreau played a significant role in pointing out legal clauses that exacerbated human suffering and retrogression in the American Society during the 1840s. The essay ‘Civil Disobedience’ became one of the most successful literary works addressing the moral issues related to the laws set by the government at that time. Civil Disobedience was a term that Henry Thoreau coined to call for people to follow their intuitive faculties to disregard certain civil laws and abide by a higher set of laws that are cognizant of justice and human dignity.
MEANING OF CIVIL DISOBEDIENCE
According to Henry Thoreau, people need to follow their natural intuition and conscience before making the decision to obey or disobey certain civil laws. He makes a strong assertion that civil laws will never replace human conscience because the inner intuitive abilities are natural and are in alignment with higher laws (Thoreau 10). Coming from a background of transcendentalism, Thoreau calls for disobedience of any civil laws that conflict with divine guidance inside every human being. Civil disobedience, therefore, means that a person has the right to disobey unjust laws that the government imposes on the citizens.
The idea of civil disobedience according to Thoreau does not, however, necessarily imply violence in the process of obtaining a just state of affairs. Thoreau advocated for non-violent disobedience of the laws that violated the principles of human dignity and justice but did not completely rule out violence as it was bound to happen in certain occasions (17). The disobedience of civil laws leads to arrest and incarceration in most occasions and Thoreau made it clear in his call. He saw physical imprisonment as needless as long as the conscience was free to allow one to choose the just path.
RELEVANCE OF PASSIVE RESISTANCE TODAY
The theory of passive resistance as presented in Thoreau’s essay is relevant today though certain aspects of modern governance impede its success. Passive resistance to unjust laws using the inner conscience works in today’s society by forcing prompt reform to laws that clearly violate the principles of justice and human dignity (22). Laws that prevent the achievement and implementation of human rights such as the right to life, right to speech and due process can be opposed by civil disobedience. Activist groups can adopt the ideas in ‘Civil Disobedience’ to call for public demonstrations and blatant disobedience to communicate the need for prompt reforms.
The relevance of passive resistance in the modern society would, however, be challenged by the increasing intellectual and ideological diversity among citizens. It is becoming increasingly difficult to single out on just and unjust ideologies. There is a higher risk of people misusing the theory of passive resistance to disobey laws just to suit radical ideologies (26). For instance, anybody would wake up one day and start disobeying certain laws with an excuse that they do not conform to their personal concept of just and human dignity. That would cause rampant civil unrest and eventually wreck the prevailing governance structures.
CONCLUSION
Henry Thoreau’s theory of civil disobedience works to the desired state of justice and right treatment for all citizens. The idea of passive resistance is a product of poor legal formulation processes and that calls for public participation in the process of law formation. Disobedience of laws set by the government ought to be the last resort when all other avenues of redress have been exhausted and should, as much as possible, strive to maintain a non-violent approach. It is a process with repercussions and people ought to be ready to suffer in a bid to clear the conscience by restoring what is considered right and just.
Works Cited
Thoreau, Henry David. Civil disobedience. Broadview Press, 2016.
