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Michael Bayles argues that if a person violates a law to create a test case as to the constitutionality of a law, and then wins his case, then that act did not constitute civil disobedience. [89] Breaking the law for self-gratification, as in the case of a cannabis user who does not direct his act at securing the repeal of amendment of the law ...
Berel Lang argues against the conflation of nonviolent resistance and civil disobedience on the grounds that the necessary conditions for an act instancing civil disobedience are: (1) that the act violates the law, (2) that the act is performed intentionally, and (3) that the actor anticipates and willingly accepts punitive measures made on the ...
The civil sanction for contempt (which is typically incarceration in the custody of the sheriff or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted.
Civil disobedience continued until early 1931, when Gandhi was finally released from prison to hold talks with Irwin. It was the first time the two held talks on equal terms, [82] and resulted in the Gandhi–Irwin Pact. The talks would lead to the Second Round Table Conference at the end of 1931.
A hartal is a mass protest, often involving a total shutdown of workplaces, offices, shops, and courts of law, and a form of civil disobedience similar to a labour strike. In addition to being a general strike, it involves the voluntary closure of schools and places of business.
There is no generally agreed legal definition of the right. Based on Tony Honoré , Murphy suggests that the "'right to resist' is the right, given certain conditions, to take action intended to effect social, political or economic change, including in some instances a right to commit acts that would ordinarily be unlawful". [ 27 ]
Civil disorder arising from political grievances can include a range of events, from a simple protest to a mass civil disobedience. These events can be spontaneous, but can also be planned. These events can turn violent when agitators and law enforcers overreact.
The offence of contempt of courts was established in common law, and can also be traced to colonial legislation, with the earliest recorded penalties contained in the Regulating Act 1773, which stated that the newly formed Mayor's Court of Calcutta would have the same powers as a court of the English King's Bench to punish persons for contempt. [2]