Arguing with texts: an interpretive sociology of civil disobedience and the law

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dc.contributor.advisor Oppenheim, R. S. (Roger Stanley), 1931- en
dc.contributor.advisor Brookfield, F. M. en
dc.contributor.author West-Newman, Catherine en
dc.date.accessioned 2007-09-04T08:50:12Z en
dc.date.available 2007-09-04T08:50:12Z en
dc.date.issued 1986 en
dc.identifier THESIS 87-032 en
dc.identifier.citation Thesis (PhD--Sociology)--University of Auckland, 1986 en
dc.identifier.uri http://hdl.handle.net/2292/1737 en
dc.description Full text is available to authenticated members of The University of Auckland only. en
dc.description.abstract Civil disobedience is an idea, and an action in accordance with the idea, that originates from and is embodied in the acts and writings of mythical and historical persons. Among the most influential of these have been Antigone (Sophocles), Socrates (Plato), Thoreau, Gandhi, and Martin Luther King. This thesis uses a perspective from the sociology of knowledge to examine the relationship between civil disobedience and the law. It does so through an examination of the way the founding texts were interpreted and meaning was ascribed to ideas and acts of civil disobedience in the mid-twentieth century United States of America by protestors, judges, lawyers, and legal academics. This is done through the method of thick description and a conceptualization which treats these categories as possible interpretive communities who have shared strategies for reading the texts of civil disobedience. The relationship between ideas of legality and of civilly disobedient acts is examined through a number of areas where the two might be found to intersect. These include constitutional testing, behaviour constitutionally protected through the speech provision of the First Amendment, justification defences, jury qullification, and conscientious objection. Interpretations of the founding texts in terms of wider political and moral considerations are also considered along with the ways in which these texts were interpreted in relation to civil rights, anti-Vietnam war, and anti-nuclear protest. The notion of text as it is used here embraces both the idea of texts as the subjects of differing interpretatios and as objects which have social power and influence, the products of particular discourses. The thesis demonstrates that when protestors and members of the legal profession seek to assert what they believe civil disobedience means and how it is related to the law they are, in more senses than one, arguing with texts. It also examines both why and how this is so. en
dc.language.iso en en
dc.publisher ResearchSpace@Auckland en
dc.relation.ispartof PhD Thesis - University of Auckland en
dc.relation.isreferencedby UoA9910179714002091 en
dc.rights Restricted Item. Available to authenticated members of The University of Auckland. en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.title Arguing with texts: an interpretive sociology of civil disobedience and the law en
dc.type Thesis en
thesis.degree.discipline Sociology en
thesis.degree.grantor The University of Auckland en
thesis.degree.level Doctoral en
thesis.degree.name PhD en
dc.rights.holder Copyright: The author en


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