The Occupy Movement

and
the tradition of Civil
Disobedience

The Occupy movement and the tradition of Civil disobedience

Chema Segura

Contents
The Occupy movement and the tradition of Civil disobedience. ........................................................................ 2
1.

The Occupy Movement. .............................................................................................................................. 2

a.

Occupy declared aims: ............................................................................................................................ 2

b.

Their methodology: ................................................................................................................................. 3

c.

The injustice they are protesting in numbers: .......................................................................................... 3

d.

Concrete goals and measures being adopted: .......................................................................................... 4

e.

Breaking the law:..................................................................................................................................... 4

2.

Rawls on Civil Disobedience ...................................................................................................................... 5

3.

Thoreau understanding of Civil resistance .................................................................................................. 6

4.

Aquinas take on law and obedience. ........................................................................................................... 9

a.

Aquinas as an advocate of civil disobedience: ........................................................................................ 9

b.

Aquinas can also be seen as a champion of the status quo. ............................................................... 10

5.

6.

Martin Luther King Jr. and Civil Disobedience. ....................................................................................... 11

a.

Image of God. ........................................................................................................................................ 12

b.

The means are conditioned by the end: the beloved community. .......................................................... 12
As way of Conclusion ............................................................................................................................... 14

Bibliography ...................................................................................................................................................... 15

The Occupy movement and the tradition of Civil disobedience

Chema Segura

The Occupy movement and the tradition of Civil disobedience.

I this paper I examine the Occupy movement and the contributions of Thomas Aquinas,
Thoreau, Martin Luther King, Jr. and Rawls, can offer to it on the topic of civil disobedience.1 The
Occupy movement has been praised for raising concern on issues close to the Catholic Social
Teaching concern for the poor,2 and has been linked to the Civil rights Movement.3 For its part,
Occupy Wall Street platform (which I take as representatives of the movement) claims descent of the
abolitionist movement, the workers rights movement, the womens movement, the civil rights
movement, the feminist and queer liberation movements4 and to be autonomous political beings
who are engaged in non-violent civil disobedience and building solidarity.5 In this paper I propose
to examine how the tradition of civil resistance/disobedience can enrich the Occupy movements
theoretical framework ongoing debate. 6 In what follows, I understand civil disobedience as: the
deliberate violation of a law in pursuit of some social goal,7 when the breaking of that law is done
openly, and with the willingness to accept the penalty and it is aimed at arising the conscience of
the community over its injustice.8
In this paper I establish a dialogue between these authors (Thomas Aquinas, Thoreau, Martin
Luther King, Jr. and Rawls) and the Occupy Movement that could contribute to develop the
theoretical framework of the Occupy and help clarify the ongoing debate about what sort of
movement they are and with what other movements can be compared.
1. The Occupy Movement.
In this first section I give an exposition of the Occupy Movement aims, creed, and manifest.
Basically I try to explain who are the Occupy, what are their aims and what is their procedure to
meet those aims.9 I subsequently explain, their declared aims, their political goals, their
methodology, the injustices they protest, the actions they are taking and, the laws they are breaking.

a. Occupy declared aims:

In their Declaration of the Occupation of New York City the Occupy claim that their
occupation is aimed at expressing a feeling of mass injustice, and to show solidarity with all who
feel wronged by the corporate forces of the world.10 Their creed states:
we acknowledge ... that our system must protect our rights, and upon corruption of that
system, it is up to the individuals to protect their own rights, and those of their neighbors; that
a democratic government derives its just power from the people.11
They denounce how the government is run by corporations that place profit over people, selfinterest over justice, and oppression over equality. And they go on to state no true democracy is
1

Thoreau original use of the expression, the one that better explains his posture in my opinion (and according to Howard Zinn in
(Thoreau 2004)) is civil resistance. The term has been usually identified as civil disobedience because that is the title that the writing
of Thoreau was in its re-edition. MLK and Gandhi (see (Ebenstein 1991, 830) both refer to Thoreau as creator of the term.
2
Recently, prof. Thomas Massaro has stated that the Occupy movement has made more headway as a catalyst for change in the
U.S. in the last ten weeks than Catholic social teaching has accomplished in the last twelve decades. American Magazine. M.T Dvila,
has
issued
a
series
of
reflections
on
basic
principles
of
CST
and
the
Occupy
Movement.
http://theologysalon.org/2011/10/29/catholic-social-teaching-and-the-occupy-movement/
3 Professors Daniel McKanan (Harvard) and, David S. Meyer professor of Political Science (University of California).
4 What is Occupy Wall Street?
5
Principles of Solidarity. www.nycga.net
6
As defined by the publications of the Occupy Wall Street web page and the Boston Occupy web page.
7
(Thoreau 2004, xiv)
8
MLK in 294. Similarly, Rawls criteria for some action to be considered as civil disobedience are that it must be a public, nonviolent, conscientious
yet political act and it has to be aimed at bringing about a change in the law or policies of the government.
9
Bearing in mind that the movement is still in the early stages, basically creating a worldview and a general frame of debate.
http://www.occupyboston.org/2011/12/01/dec-1-court-hearing/#comments 12/2/2011
10
Declaration of the Occupation of New York City
11
Ibid

The Occupy movement and the tradition of Civil disobedience

Chema Segura

attainable when the process is determined by economic power. Moreover, they clearly explain that
one of the motives of the occupation is to let these facts be known. Their aim is to create a
process to address the problems we face, and generate solutions accessible to everyone. 12 From the
list of grievances against economic corporations it is clear that they are concerned for the common
good. It is put crystal clear in the Boston Occupy webpage their aim is to express dissent over the
state of our political and financial systems.13 They demand economic and social justice claiming
to represent the interest of the majority.14
b. Their methodology:
With regard to the Occupy methodology, in the Boston webpage we read Through our
occupation, we are creating an exemplar society in which no ones human needs go unmet. They
explain that their way of proceeding is by assembly decision making, called direct democracy,15
which is intended to be an alternative to the old power structure of politics that they see serving
their large donors.16 I contend that their Principles of Solidarity, that are main features of that
new order they propose resound with the tradition of social movements concerned for the common
good, the dignity of the person and the equal access to rights.17 In this regard, different religious
traditions are starting to actively support their fundamental claims, 18 and the Occupy for their part
although avoiding direct god-talk, welcome religious slogans and imaginary (see annex 1).19
c. The injustice they are protesting in numbers:
We are the 99%. The phrase "The 99%" is a political slogan of "Occupy" protesters. It was originally
launched as a Tumblr blog page in late August 2011.20 It refers to the vast concentration of wealth among the
top 1% of income earners compared to the other 99 %t, and indicates that most people are paying the price for
21
the mistakes of a tiny minority that have seized the democratic institutions. The top 1% of income earners
have more than doubled their income over the last thirty years according to Congressional Budget
Office (CBO) report. 22 In line with the stream of civil disobedience the Occupy platform wants to call

attention on some injustices in the democratic system that they denounced is .

12

Ibid
They denounce: The mortgage crisis; executives exorbitant bonuses; inequality and discrimination in the workplace; rejection of
employees right to negotiate; education system that indebts students; manipulation of courts and politicians. Ibid.
14
We will not remain passive as formerly democratic institutions become the means of enforcing the will of only 1-2% of the
population who control the magnitude of American wealth. Ibid
15
This exercise in participatory democracy is meant to shed todays political overtones of divisiveness, disrespect, mistrust, and
marginalization. We do this in defiance of an atmosphere of political opportunism in which many politicians consciously circumvent
the best safeguards built into our democratic process...Together we are working out our Call to Action in a horizontal, transparent,
and democratic way, rather than top-down... Unlike at rallies, where protestors convene to listen to speeches, we directly participate
in relating the needs of our movement ourselves. Direct democracy is integral to the process of articulating what we the 99% are
asking for, what we want as a people. What is Occupy Wall Street?
16
The pledge of the Occupy Boston reads Together, we set a precedent and provide a foothold for people to demand a truer, more
horizontal democracy, in which greed has no influence. http://www.occupyboston.org/category/passed-resolutions/
17
These are some of the Principles: Engaging in direct and transparent participatory democracy; Exercising personal and collective
responsibility; Recognizing individuals inherent privilege and the influence it has on all interactions; Empowering one another
against all forms of oppression; Redefining how labor is valued; The sanctity of individual privacy; The belief that education is human
right; Endeavoring to practice and support wide application of open source. Principles of Solidarity. www.nycga.net The relation
between these and the CST will not be addressed in this paper due to scarcity of space.
18
http://losangeles.cbslocal.com/2011/11/25/interfaith-religious-leaders-hold-rally-to-support-occupy-la-at-city-hall/ see also
http://www.episcopalchurch.org/79425_130519_ENG_HTM.htm
19
In Occupy Wall Street some Christians arrived in Zuccotti Park with papier-mache statues of a golden calf, a Biblical symbol of idol
worship. http://www.reuters.com/article/2011/11/16/us-protest-occupy-religion-idUSTRE7AE0WX20111116
20
"Top Earners Doubled Share of Nations Income, Study Finds". The New York Times Company. Retrieved 11-17-11.)
21
We no longer live in a democracy, and we refuse to accept that. We seek an end to the collusion between corrupt politicians and
corporate criminals, as democratic and capitalist institutions have become conflated. It is in that sense that they use the powerful
image of the 99% who can reclaim society from the domination of the 1%. What is Occupy Wall Street?
22
According to the CBO, between 1979-2007 the incomes of the top 1% of Americans grew by an average of 275% while the 60% of
Americans in the middle of the income scale rose by 40% (see annex2). From 1992-2007 the top 400 income earners increased by
13

The Occupy movement and the tradition of Civil disobedience

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d.
Concrete goals and measures being adopted:
Despite the critiques that the Occupy political aims seem vague, even the judge that has rejected
their right to camp in Dewey Square concedes that they aim to persuade that the wealthiest 1 % are
writing the rules of an unfair global economy and that they are pursue A more just, democratic and
economically egalitarian society, more responsive to people rather than corporations.23 Occupy seeks

to engage by political means in the transformation of the political realm, their goal is to engage in a
nationwide conversation about the realities of economic inequality and the meaning of Constitutional
rights.24 They challenge the true sense of democracy in the US society and state to be playing by
democratic rules.25 Among others, some of the requests of the protesters are: more equal distribution
of income, bank reform, and reduction of the influence of corporations on politics. 26
The Occupy claim for a reformation of the taxation system for a more progressive one that would
tax the wealthiest as a more far system of taxation proportionate to the incomes.27 In fact, they have
already triggered New York states tax reformation,28 and have made Obama get bitter and more
aggressive in his demands on tax reformation.29 Occupy is also denouncing the laws that allow banks
to be bail out, while the common citizens are foreclosed from their houses if the fail to pay the
mortgage.30 And they are mindfully breaking the law by engaging in a new form of demonstration
called Occupy Our Homes" in which Occupy members are defending families from being evicted
from their houses, and relocating families in evicted houses.31 They are also claiming for a
reformation of the system of education that is indebting students and they launched a student-debt
refusal campaign calling on debtors to stop paying their loans. 32 They denounce how the big
corporations are exempted of taxes and spent big amounts of money in donations to political parties
and lobbies.33 They are currently organizing siting-in demonstrations in Washington.34

e. Breaking the law:

The Occupy are not massively engaging in laws breaking. Rather through assembly some of
them agree to be arrested and receive legal advice and non-violent training to do so properly, and the
rest of the Occupy stands with the in solidarity. 35 Therefore as representatives of the whole
392% and their average tax rate reduced by 37%. During the economic expansion between 2002 and 2007, the income of the top 1%
grew 10 times faster than the income of the bottom 90%, because 66% of total income gains went to the 1%. After the 2007
recession, the share of total wealth owned by the top 1% of the population grew from 34.6% to 37.1%, and that owned by the top
20% grew from 85% to 87.7%.Wealth, Income, and Power by G. William Domhoff of the UC-Santa Barbara Sociology
Department. Norton, M. I., & Ariely, D. Building a Better AmericaOne Wealth Quintile at a Time Perspectives on Psychological
Science January 2011 6: 9-12; By the Numbers. Demos.org. Accessed October 2011.
23
Judge denies Occupy Boston's bid to bar eviction. Rodrique Ngowi Associated Press December 7, 2011
24
http://www.occupyboston.org/category/passed-resolutions/
25
In their Statement of Autonomy they declare to be party-less, leaderless, by the people and for the people and therefore to be
peoples movement. Passed by the General Assembly at Occupy Wall Street. www.nycga.net
26
http://en.wikipedia.org/wiki/Occupy_Wall_Street#cite_ref-4
27
Some concrete reclamations of the Occupy in this regard are: the instauration of a "transaction tax" on international financial
speculation, the reinstatement of the Glass-Stegall Act in the US and the introduction of banking reforms to control speculation.
28
With the tax change the wealthiest will pay higher taxes, while 4.4m, under a tax reform plan that aims to generate $1.9bn in
revenue. New York State reaches deal to boost tax take. Shannon Bond in New York. December 6, 2011 8:46 pm
29
According to the Boston Globe (12/10/11)
30
(http://www.ft.com/intl/cms/s/0/2a65f048-201b-11e1-8462-00144feabdc0.html#axzz1fsBB9FZc)
31
As they declare standing up to Wall Street banks and demanding they negotiate with homeowners instead of foreclosing on
them. http://www.citywatchla.com/component/content/article/317-8box-right/2576-occupy-our-homes-the-next-stage-of-theoccupy-movement
32
http://www.ft.com/intl/cms/s/0/2a65f048-201b-11e1-8462-00144feabdc0.html#axzz1fsBB9FZc
33
According to the report from the non-partisan Public Campaign analysis of the 30 US major corporations (see annex 3) during the
period 2009-2011 and despite making combined profits totally $164 billion, they received a total tax rebates for nearly $11 billion. And spent: $476
33
million to lobby Congress, over $22 million on federal campaigns and around $706 million in compensating their top executives in 2010.
34
Protesters have also targeted politicians, demonstrating outside fundraisers for Republican presidential candidates Newt Gingrich
and Mitt Romney and President Barack Obama, to condemn the influence of money particularly corporate donations in politics.
35
Ibid.

The Occupy movement and the tradition of Civil disobedience

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movement, some are defying the eviction and breaking other laws to get arrested.36 To sum up: The
Occupy movement seeks to change the current legal system that allows corporations control the
political process, producing regulations that favor the wealthiest 1% producing blatant social
injustices. The Occupy sees in their direct democracy a way of alternative governance closer to true
democracy that is aimed at triggering a national debate and stirring up consciences. As a movement
they are welcoming the disobedience of the evictions and incurring en braking laws to make their
message heard.37 The selective breaking of laws for some members of Occupy and their defiance of
evictions has rightly called civil disobedience.38
In the following pages I discuss how the authors proposed can contribute to enhance the
Occupy theoretic framework. For the sake of clarity I start with Rawls because he gives a clear
theoretical explanation of what is civil disobedience. Then I discuss how Thoreaus more
individualistic approach can be a good contribution to the Occupy, since the Occupy remain largely
as an association of individuals rather than as coherent top-down movement. After discussing
Thoreau I incorporate Aquinas and King, as two religious partners that can help the Occupy in their
interaction with their ever increasing religious allies and vice-versa.

2. Rawls on Civil Disobedience

It is central to Rawlss take on civil disobedience that for him it requires a nearly just society
(democratic), in which some injustices occur. The condition that keeps civil disobedience, civil, is that the
citizen recognizes the legitimacy of the government or legislative organ that she is willing to confront. For
Rawls, as for Thoreau and King, and as I show for the Occupy, the citizen ponders the duty to comply with
laws enacted by a legislative majority and the duty to oppose the injustices of the system. The Occupy
movements demonstrations fit Rawlss political aims for civil disobedience, they are a test case for the
healthiness of a democracy and its moral basis.
For Rawls civil disobedience includes with direct braking law actions, legal protest and different forms
of conscientious refusal, an understanding that embraces MLK, Thoreau and the Occupy movement.39 Rawls
is open to consider an indirect form of civil disobedience (when the activists to make their case, break a law different
from the one being challenged) that still involves breaking the law.40 Rawls shares with MLK, Thoreau and with
the Occupy for that matter, that civil disobedience must be non-violent.41 As I commented above, for Rawls civil
disobedience hast to be aimed at political transformation and guided by political principles.42 As I have
explained above, the Occupy have political aims, are aimed at transforming the society and some are
breaking some laws to make their point. Therefore, according to Rawls, they are under the civil
disobedience umbrella as they claim to be.
Rawls is against the tax refusal as such (what Thoreau did), and he claims that civil disobedience must
appeal to the common sense of justice , and therefore rejecting the taxes as a whole when some of them are
destined to health care and education is unjust and non-acceptable.43 In this sense I call attention again to the fact
36

As a group that was arrested because they were leaning on the road interrupting traffic as a signal of protest others planted a tent
in
the
middle
of
the
street
waiting
to
be
arrested
http://www.occupylosangeles.org/?q=node/2518;
http://socialistworker.org/2011/12/06/story-of-the-occupy-la-raid; http://bostonglobe.com/metro/2011/12/08/
37
There have been so far more than 4.000 protesters arrested for breaking the laws of eviction of laws banning demonstrations, who
have been previously trained in non-violent and civil resistance.
38
The major of Boston refers to this fact when he stated: We will tolerate demonstrations, we will tolerate expressions of free
speech, but when it comes to civil disobedience we have a real issue with that. Civil disobedience doesnt work for Boston;
it doesnt work for anyone. http://www.wbur.org/2011/10/11/menino-protest-arrests#disqus_thread
39
(Rawls 1999) 319-335.
40
This consideration is different from Aquinass that only considered licit the breaking of a law that was against the natural or divine law, which has been called
direct or radical civil disobedience. (Rufus Burrow 2006)
41
Civil disobedience is nonviolent because it expresses disobedience to law within the limits of fidelity to law... The law is broken, but fidelity to law is
expressed by the public and nonviolent nature of the act, by the willingness to accept the legal consequences of one's conduct. (Rawls 1999, 322)
42
At no point has a reference been made to other than political principles; religious or pacifist conceptions are not essential. (Ibid, 337)
43
He illustrates this point refereeing to the unless tax laws which are designed to abridge a basic equal liberty, and thus should not be protested by
civil disobedience. (Ibid, 327)

The Occupy movement and the tradition of Civil disobedience

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that the Occupy are currently debating what taxes should be non-paid in case they engage in such a measure,
and that they claim for a taxation of the rich and corporations in order to have a more just distribution of wealth
and to improve the situation of the worse off, something that Rawls would approve.(check Rawls nuances on
taxes) Rawls as MLK is careful in clarifying that civil disobedience is a last resort and an extreme measure.44
Such injustices in Rawls system are those grave violations of the principle of equal liberty (1st principle of
justice) and, of fair equality of opportunity (2nd part of the 2nd principle of justice). Interestingly enough the
Occupy movement grievances will perfectly fit in the violation of this principles.
With regard to who can determine when the circumstances arise to engage civil disobedience, Rawls
appeals to his conception of civic citizen, with autonomous conscience.45 Consequently the informed conscience
of the individual is then the last measure.46 Finally, Rawls understands that if the citizens respect his conditions for
engaging in civil disobedience there is no risk of anarchy. However, he contends that even if that may occur it would
be the rulers and not he citizens those to be accountable for it.47

3. Thoreau understanding of Civil resistance

In this section I examine Thoreaus essays on Civil resistance to the government, slavery
in Massachusetts and Life without principle. I first give a general explanation of Thoreaus take
on resisting the government and subsequently I explain its main features. Namely, I explain
Thoreaus call to be moral persons first and subjects afterwards,48 the duty to stop allegiance to an
immoral government, and finally his reflections on when breaking the law is legitimated. As I show,
Thoreau concern on the autonomous moral citizen standing in defiance of the government, seems
really suitable for the Occupy theoretical framework. In fact, he is quoted in different Occupy
forums, and one of the streets of the Occupy Boston was named after him.49
Thoreau is writing these essays in a moment when the US is at War with Mexico and the state
of MA has voted in favor of keeping slavery legal. Central to Thoreaus contribution to civil
disobedience are; his concern about how the machinery of the government works independently of
the citizens that once voted for it;50 and his claims that the measure of true democracy are the
individuals will, conscience and autonomy.51 Thoreau criticizes the democracy of his state,
Massachusetts, as a mockery where a minority rules over and against the will of the people, 52 and
where the morals have been abandoned to the legislators.53 In writing against the slavery in
Massachusetts, he contends that allowing the discussion to be settled in court was a renunciation by
the citizens of their moral capability.54 Any of the forums of the Occupy movement are filled with
44

MLK for his part described civil disobedience as a dramatization and as an ambulance with the sirens a full limited to instances of substantial and
clear injustice, and preferably to those which obstruct the path to removing other injustices.
45
For Rawls in a democratic society it should be recognized: that each citizen is responsible for his interpretation of the principles of justice and for
his conduct in the light of them. There can be no legal or socially approved rendering of these principles that we are always morally bound to accept, not
even when it is given by a Supreme Court or legislature. (Rawls 1999, 342)
46
If he comes to the conclusion ... that civil disobedience is justified and conducts himself accordingly, he acts conscientiously. (Ibid, 341)
47
the responsibility falls not upon those who protest but upon those whose abuse of authority and power justifies such opposition. For to employ the
coercive apparatus of the state in order to maintain manifestly unjust institutions is itself a form of illegitimate force that men in due course have a
right to resist. (ibid, 342)
48
Thoreau claims strongly: what are they? Men at all? or small movable forts and magazines, at the service of some unscrupulous
man in power? (Thoreau 2004, 65)
49
See the reaction to he Boston Major claim that Civil disobedience does not work for Boston.
http://www.wbur.org/2011/10/11/menino-protest-arrests#disqus_thread
50
The government itself, which is only the mode which the people have chosen to execute their will, is equally liable to be abused
and perverted before the people can act through it. (Thoreau 2004, 63)
51
There will never be a really free and enlightened State until the State comes to recognize the individual as a higher and
independent power, from which all its own power and authority are derived, and treats him accordingly. (Ibid,89)
52
the work of comparatively a few individuals using the standing government as their tool; for in the outset, the people would not
have consented to this measure.(Ibid, 63).
53
Can there not be a government in which the majorities do not virtually decide right and wrong, but conscience?... Must the citizen
ever for a moment, or in the least degree, resign his conscience to the legislator? Why has every man a conscience, then? (Ibid, 65)
54
Slavery in Massachusetts (Ibid, 98).

The Occupy movement and the tradition of Civil disobedience

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critiques to the US political system that sound much like Thoreaus. 55 In fact the Occupy claim to be
a direct democracy as oppose to the mockery they see in the US political system is much in tune
with these remarks of Thoreau. The same happens with the declared aimed of the Occupy of stir
conscience and public debate as I subsequently show.
Thoreau calls his co-citizens to be moral persons first and to actively avoid contributing,
rather than merely complaining, to what they understand is wrong.56 This non-collaboration with evil
is for Thoreau a moral.57 This refusal to collaborate with a state whose laws and actions are immoral,
is for Thoreau the best way of serving it; moreover it is what the good citizen should do.58 This call
to not cooperate with the immoralities committed by the government is central to Thoreau
conception of civil resistance: If engaging in moral evils that one disapproves is the price of the
social contract, then the price is too high.59 This particular idea is quoted in several Occupy forums.60
For Thoreau, uncritically supporting something morally wrong would make of him something less
than a man61 is undergirding most of Occupy post urging for reaction. This point is colorfully made
by Thoreau makes in Resistance to civil government, where he denounces the immorality of the
US invasion of Mexico. He depicts an awful march of soldiers sent against their will to fight an
immoral war about which they have no doubt that it is a damnable business. Thoreau not only
denounces how the government overrides the morality of its citizens by shipping them in an immoral
war, but also challenges his neighbors considered good citizens because uncritically follow the law
of the government.62 In this group that he dismisses as good citizens Thoreau includes all those
offices-holders that by divorcing their conscience from their service may likely to serve the devil,
without intending it, as God. Another possible contribution that Thoreau can make to the Occupy is
his call to stop allegiance to the state. In his writing against the slavery in MA, Thoreau appeals to
the right to revolution against tyranny, as he sees MA as a state in which oppression and robbery are
organized.63 Thoreau invites the abolitionists to withdraw their support, both in person and
property, from the government,64 and in a way of reasoning that recalls that of the Occupy, he
explains that his invitation to disobey the government is aimed at unveiling the governments moral
failure and urging its reformation. In his own words, he expects that if even one HONEST man
would cease to collaborate with the state and endure jail as a consequence, that would trigger the end
of Slavery in the state.65
The Occupy critiques to the judicial system that is evicting them from the public spaces could
find support in Thoreau dismissal of the MA statutes as rooted, as being on the side of injustice, and
not of justice,66 and consequently as not abiding. The reason to evict the protesters is that they have
55

This is the answer of one of the bloggers to one of my posts "The psychologically healthy want to be agents of beneficial change.
That which is "beneficial" has to be determined in open forum subject to the exercise of conscience... INDIVIDUAL CONSCIENCE. As
long as members of the movement remain unanimously committed to PEACEFUL EXERCISE OF CONSCIENCE, our decisions via
consensus reflect our COLLECTIVE CONSCIENCE... reflect our basic humanity as we know it."
56
Waiting well disposed, for other to remedy the evil, that they may no longer have it to regret. (Thoreau 2004, 69)
57
Or at least that I do not pursue my aims by sitting upon another man's shoulders.(Ibid 67)
58
The good citizens are they who serve the state with their consciences also, which provided that the state behavior is immoral
implies necessarily resist it for the most part, and being thereof treated as enemies by it. They become heroes, patriots,
martyrs, reformers in the great sense, and men. (Ibid 66)
59
It costs me less in every sense to incur the penalty of disobedience to the State than it would to obey. I should feel as if I were
worth less in that case. (Ibid 79)
60
See for instance http://www.wbur.org/2011/10/11/menino-protest-arrests#disqus_thread
61
I would remind my countrymen that they are to be men first, and Americans only at a late and convenient hour. No matter how
valuable law may be to protect your property, even to keep soul and body together, if it does not keep you and humanity together.
(Ibid, 102)
62
Conversely from Thoreaus vintage point of view, they are no longer men, by renouncing to make moral judgments, they are
aligning themselves with wood and earth and stones. (Ibid, 102)
63
(Ibid, 68)
64
(Ibid, 75)
65
Ibid
66
(Ibid, 94 )

The Occupy movement and the tradition of Civil disobedience

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failed to show how their protests are protected by the first amendment, for Thoreau the question is
not what the constitution or the 1st amendment says, but what is the right thing to do.67 The same
could be said in regard with the movement of students refusing to pay their loans, or about the
Occupy our homes.
In his writing against the Mexican war, he calls his co-citizens to refuse allegiance to the
State,68 and to stop collaborating with the government that makes them agents of injustice69 by
refusing to pay their taxes70 that are enabling the state to commit violence and shed innocent
blood.71 As I have indicated above, the Occupy, rather than refusing to pay taxes, are concerned in
changing the tax system,72 being therefore closer to Rawls proposals than to Thoreau.73 For Thoreau,
if a law requires you to be the agent of injustice to another, 74 he sounds radical; break the law.
For him, to consider that a moral evil should be allowed while waiting for things to improve is a
nave way of fooling oneself.75 Faithfull to his conception that the citizens do not renounce their
conscience when becoming subjects of the government, he postulates that the criterion for action is
that I do not lend myself to the wrong which I condemn. He insist on the need for individuals to
think and to form personal moral judgment not limiting their judgment to what has already been
agreed in the Constitution or in the Commonwealth.76 It is the civil and moral responsibility of those
who are morally opposed to the government to confront it even if they are in minority. 77
The Occupy creed sound very much in line with Thoreau when it clarifies how rather than
making concrete demands they are calling to action to wake up and employ our power as citizens:
to participate rather than observe, to raise our strong voices together, rather than complaining feebly
in isolation.78 And they are close to Thoreau call to challenge the system rather than merely
complaining when they state that they cannot whine about the injustices wreaked upon us if we
have been complacent and silent in the face of these injustices. To those who accuse them of
causing unrest or of not being true or good Americans, they declare Democracy has never been a
spectator sport and as Thoreau they claim to be the real good citizens when they fight pack:
Americans have an obligation, particularly if we claim to love our country, to build serious and
meaningful change from the bottom up.79 In my understanding, these claims of the Occupy platform
are clearly aligned with Thoreaus call to civil resistance. However, so far, they differ in their means.
Another reason why Thoreau can be useful for the Occupy is, paradoxically, the ambiguity of
some of his texts, in which he does not make it clear to what moral higher law is he referring to
67

By the same token, he dismisses the Supreme Court as immoral for he considers that by allowing slavery the justices have failed to
make their conscience superior to the Constitution. And therefore he renders its member as merely the inspectors of a pick-lock
and murderer's tools. (Ibid, 98)
68
(Ibid, 84)
69
(Ibid, 65)
70
a file of soldiers, colonel, captain, corporal, privates, powder-monkeys , and all, marching in admirable order over hill and dale to
the wars, against their wills, ay, against their common sense and consciences, which makes it very steep marching indeed 65
71
This is, in fact, the definition of a peaceable revolution, if any such is possible... But even suppose blood shed when the
conscience is wounded? Through this wound a man's real manhood and immortality flow out, and he bleeds to an everlasting death.
I see this blood flowing now. (Ibid, 77)
72
The words tax and related to tax are used 72 times in this thread of comments. http://www.nycga.net/resources/declaration/
73
See post Sage on 12/2/2011 in http://www.occupyboston.org/2011/12/01/dec-1-court-hearing/#comments
74
(Thoreau 2004, 71-2)
75
These men act as if they believed that they could safely slide down a hill a little way and later on slide up again, but in morals
the only sliders are backsliders. (Ibid, 103)
76
The question is, not whether you or your grandfather, seventy years ago, did not enter into an agreement to serve the Devil, and
that service is not accordingly now due; but whether you will not now, for once and at last, serve God in spite of your own past
recreancy, or that of your ancestor by obeying that eternal and only just CONSTITUTION, which He, and not any Jefferson or
Adams, has written in your being.(Ibid, 103)
77
What is wanted is man, not of policy, but of probity who recognize a higher law than the Constitution, or the decision of the
majority. (Ibid, 104)
78
What is Occupy Wall Street?
79
Ibid

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render some laws unjust. Therefore Thoreau can be a good partner for civil activist and religious
allies of the Occupy movement at the same time.80 The ambiguity of his texts, leaves room to
understand that he refers to both, God as utterly moral authority, and at the same time to the exercise
of pure reason by which the citizens can access the truth and become judges of the judge.81
All these references allow me to say that Thoreau may be referring to God as a judge over
the human judges and as a source to discern whether human laws are just. However, Thoreau
remains a civil-lay partner dialogue because the strongest point in Thoreau is his call for the citizens
to act as moral persons and not to depose their moral judgment in the hands of the government. And
it is precisely this central claim what makes of Thoreau a reference in civil disobedience and
concretely for the Occupy movement claims. Another point of convergence with Thoreau, is that
both seek being arrested not as a mean in itself to collapse the system (Kings satrategy), but as a
symbolic action. Thoreau was arrested one night, enough to make her case, the Occupy thus far, has
used the strategy of having some of their protesters arrested (usually one night.

4. Aquinas take on law and obedience.

In this section I explore Aquinas take on law and obedience. Concretely, I contend that Aquinas
can be called upon on either a) to foster civil disobedience or b) to favor the status quo.82
a. Aquinas as an advocate of civil disobedience:
I summarize Aquinass criterion to decide when a law can, or better, should be disobeyed. I
show this in three steps, first I summarize Aquinas take on when obedience is due, second I present
Aquinas opinion on how an unjust law does not bind in conscience, and third I explain how Aquinas
calls for disobeying unjust laws.
Aquinas considers that obedience to a superior (civil or religious) is due according to the
divinely instituted order of things... and is consequently a good. However, obedience as moral
remains dependent on theological virtues.83 It follows that the worth of obedience (like any other
virtue) depends upon the extent that it refers to God, to whom only ultimately rightly belongs the
power to command. 84 Consequently, it is Gods will that obedience must follow even if it is
contrary to the usual mode of virtue.85 In this regard, Aquinas understands that rulers shall be
obeyed in as much as what they command is just and therefore deriving and from God,86 otherwise
their subjects are not bound to obey them.87 Since the Occupy movement does not make explicit
references to God in their statements and identity documents, this argument of Aquinas for a Just law
does not work for them. However, Aquinas justification matters because it may work for the
religious allies already offering support to the movement. 88
For Aquinas, human law depends on the natural law89 which participates and represents the
divine law,90 and a law is just as far as it shares the nature of the natural law. Conversely, if a law
80

For instance in Slavery in Massachusetts and in Resistance to Government (Thoreau 2004, 102-3) he refers to God and the NT as
supreme instances for judgment and at the same time to the use of reason or to conscience as a gossip to discern truth.
81
(Ibid, 98)
82
In referring to Aquinas I should be more prudent and introduce more nuances. However, I think that incorporating Aquinas as a
partner of dialogue is important especially for the possible Catholic allies of the movement.
83
is not a theological virtue, since its object is not God; rather, its object is the command... of any superior whatsoever: It is,
however, a moral virtue, since it is a part of justice.
84
Whether obedience is the greatest of the virtues.
85
Whether God is to be obeyed in all things.
86
[II, Q. 96, a. 4, ad. 2.]
87
Whether Christians are bound to obey the secular powers.
88
Note that to be fair I have to differentiate between the Assembly approved documents and the personal post. There is a lot of
God-talk in the seconds as in the press release, but not in the official documents.
89
The term, natural law, designates I) the nature of a being itself; and, 2) law as an operation of \ that nature. To say someone or
something has a nature is to typify its very existence. Then, apply law to that nature and that nature unfolds before us-doing what it
must and should do to preserve, its existence, signifies nature as well. (Nemeth 2009, 15)
90
The exemplar of divine Wisdom is the eternal law... and as a result all laws proceed from the eternal law. [I-II Q. 93, a. 3, sed
contra] Quoted in (Nemeth 2009, 12)

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deflects from the law of nature, it becomes a perversion of law,91 and an affront to the eternal
law, 92 and an act of violence.93 Following Augustine, Aquinas considers that which is not just
seems to be no law at all,"94 and therefore lacks the power of binding in conscience,95 For Aquinas
a human law (positive law) is just if: it is ordained to the common good; its promulgation does
not exceed the power of the lawgiver; and it lays burdens on the subjects, according to an equality
of proportion, even when it is done with a view to the common good.96 Since the Occupy claim to
represent the 99% of the society and since their concerns are explicitly expressed as regarding the
interest of the whole society, it may well be that this second principle of Aquinas is applicable for the
Occupy as a criterion of unjust and non-binding laws. Particularly Aquinas could be an ally for the
Occupy denunciations of the laws of retribution of corporations and tax policies. (see quote)
Aquinas contends that obedience that obeys unlawful law is indiscriminating and foolish.97
Accordingly, he calls for non-recognition (denying validity) and, therefore non-observance (is not
morally binding).98 This statement fits the definition of direct civil disobedience.99 It is worthy
underlying that for Aquinas the citizen (the Christian dealing with secular powers) not only has to
disobey the unjust law but also has to work for its abrogation.100 In this case, even if the Occupy
would not abide by the criterion of the divine law, it could still hold for them that these laws that are
against the common good101 do not abide since they are not squared to the natural law.102 Where the
natural law is understood as that what the common sense through common reason can understand as
unjustifiable. It seems therefore that Aquinas could be a theoretical allay for the Occupy movement.
Particularly interesting is Aquinas call for the active implication of the citizen (my adaptation) in the
abrogation of the unjust law. Therefore, in case the Occupy decided to defy the evictions they could
call upon Aquinas concern for the common good.
b. Aquinas can also be seen as a champion of the status quo.
Effectively, Aquinas seems too concern on avoiding scandal and sedition in society, for he
understands the union of the people to be a good in itself. For Aquinas, sedition (understood as
sowing dissent among minds, and begetting "discord") is an evil contrary to the unity of the
multitude, which is a manifest good. Aquinas regards sedition as contrary to justice and
accordingly, contrary to the common good.103 He is reluctant to any kind of revolt or civil disorder
and contends that the citizen may yield his right and tolerate the unjust law in order to avoid
scandal or disturbance.104 Even in the case of tyranny, 105 Aquinas (as its proper of his poque)

91

every human law has just so much of the nature of law, as it is derived from the law of nature.
(Nemeth 2009, 22-3) See Aquinas formulation in Summa Theologica, I-II, Q. 93, a. 3, ad 1-3.
93
I-II, Q. 96]
94
SUMMA THEOLOGICA: Human law (Prima Secundae Partis, Q. 95)
95
(Ebenstein 1991) 273 Ia IIae q. 96 a. 4Whether human law binds a man in conscience?
96
I-II, Q. 96, a. 4, c]
97
Thomas Aquinas, an apology for the religious others 599-600, as quoted in (Nemeth 2009, 79).
98
(Nemeth 2009, 4)
99
(Nemeth 2009, 31)
100
St. [[I-II, Q. 95, a. 2] (Nemeth 2009, 31)
101
Those laws that allow banks to be bailed while people is disclosed from their houses, those that allow a 1% of the population
lobby the political parties for their own interest instead of paying taxes, those that prevent the general public of having an education
of quality
102
With regard to the Occupy movement the laws they seek to abrogate are the ones allowing Congress and Political parties to be
lobbied or funded by corporations, the laws that allow government to bail out bank and disclosure families from their houses. And
the taxation laws that allow corporations and rich pay less than the medium income earners rather than more, as Aquinas principle
of distribution of charges might require.
103
ST II-II Question 42 Article 2. Whether sedition is always a mortal sin?
104
He refers to Peters admonition to remain subject to the masters be reverently subject to our masters, not only to the good and
gentle but also the forward. (Ebenstein 1991, 263) And ultimately argues that in the end the recourse of the people must be had to
God, the King of all. Although he concedes that as lesser evil in case that someone has to depose a tyrant king, the multitude that
has given itself a king, should be entitled, provided that the king abuses the royal power, will be entitle to do it. (ibid)
92

10

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argues for coping with it, in case the sedition would produce a worse situation.106 However his
advice holds for civil disobedience, that its means have to proportionate to its ends.107
Therefore, with regard to the Occupy, Aquinas could line on both sides: on the side of the city
lawyers that invoke common health and common security issues to evict the Occupy, and on the side
of the Occupy making the case for direct civil disobedience. Moreover, since Aquinas invites to
ponder that the means are worthy of the ends, and since the Occupy means are peaceful and not
really disruptive and they advocate for the 99 %, Aquinas could still be called to make the case for
the peaceful demonstrations of the Occupy. Another question would be if the Occupy engage in more
direct confrontations or if they adopt other forms of more disruptive demonstrations.108 Finally, one
very interesting contribution of Aquinas to the Occupy dialogue with the religious allays could be his
discussion on theft and robbery in which he makes the case for how the basic needs must be
provided. That could apply to the Occupy claim of tax redistribution to have a more just society and
to the Occupy our homes.109

5. Martin Luther King Jr. and Civil Disobedience.

The biggest difference between MLK and the other authors discussed in this paper, is that King
fleshed out the task of being a civil resistance activist or, in his wording of being maladjusted.110
King is considered to be one of the "prophetic radicals" who "uncompromisingly" sought social
justice through "confrontation and negotiation.111 As a leader of the Civil Rights Movement (CRM)
King engaged in civil disobedience, to challenge segregation laws that made the African American in the
US second-class citizens.112 The CRM challenged the whole system of segregation by marching, defying
the laws that prohibited demonstrations and, by overloading Jails with advocates of civil disobedience.
Kings political stand for civil disobedience has two main theological pillars that spring from his
religious beliefs 1) God has created Gods children in Gods image and that is an irreducible source
of dignity and 2), God has a dream for humanity, a Kingdom in which all Gods children will live in
harmony, or what King called Beloved community.
Although at first sight the Occupy do not want to engage in public God-talk discourse or
rezoning, several of the points in their claims and grievances refer to issues related with dignity, and
the importance of the person. MLK, who was able to engage in dialogue not only with leaders of
other religions, but also with secular organizations in clear political and secular terms, can be a good
resource for the Occupy movement.113 Effectively in King both discourses civil and religious meet,
for him, if a law was not dignifying a human being it was immoral and ought to be defied and
protested,114 and consequently contrary to Gods law.115

105

And consequently, there is no sedition in disturbing a government of this kind. In this case it is the tyrant who is guilty of
sedition. Rawls has a similar take on commenting social unrest. (Ibid, 261)
106
On Kingship: Resistance to Tyrants (Ibid, 262-3)
107
(Nemeth 2009, 53)
108
Again here I am putting in dialogue authors of very different context, that would require more nuances that I can afford here.
109
Summa Theologica Question 66 art 7.
110
Interview by Playboy (January 1965) gives a sense of the magnitude of MLKs involvement He has been jailed fourteen times and
stabbed once; his house has been bombed three times; and his daily mail brings a steady flow of death threats and obscenities,
travels 325.000 miles and makes 450 speeches a year throughout the country. (James M. Washington 1986, 340)
111
(Toulouse 2006, 157)
112
They were deprived from voting, kept out of public spaces as parks or museums labeled as white only, they were forced to give up their
seats in busses to white customers and they were not allowed to mix with whites in restaurants or stations.
113
Quotation needed.
114
All segregation statutes are unjust because segregation distorts the soul and damages the personality. Martin Luther King,
Where Do We Go From Here: Chaos or Community? (1967).
115
[T]his is an American tradition all the way from the Boston Tea Party...We have praised individuals in America who stood up with
creative initiative to revolt against unjust systems... that is what we are doing. (NBC 4/7/1960), in (Nemeth 2009, 44)

11

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a. Image of God.
For King being created in the Image of God was the token of a persons dignity, and the measure
of laws and social structures.116 This conception, undergirds Kings prophetic protests, sermons and
demonstrations denouncing social injustice.117 And I claim that in this sense MLKs legacy could
help the Occupy to fundament their creed and manifesto. In fact, the references to MLK are
common and widespread in the Occupy forums, and as I noted in the introduction, external
observers see commonalities between the Occupy and the CRM. King is an important resource for
the Occupy because his aims were political he sought the transformation of the system. King
understood that the denial of full citizenship to African American heritage was a violation of their
personhood,118 and drew from his African American and US Civil protest tradition to revolt
against the system.119 King had different arguments to render a law as unjust. He relayed on
Augustine to claim that "an unjust law is no law at all"120and in Aquinas to state that a just law is a
man-made code that squares with the moral law, or the law of God. 121
From a political point of view, he understood that a law is unjust when it is difference made
legal,122 when it only binds the minority in a way that favors the majority. The Occupy movement is
protesting that a politic minority rules and makes laws to favor an economic minority which benefits
over and against the 99% of the society. However, the principles of King criteria hold, for the
Occupy for both claim that some rule in their own benefit.
b. The means are conditioned by the end: the beloved community.
King foresees a society framed in the model of the Kingdom of God that he called the
Beloved Community. Drawing on Aquinas, King understood that this was the goal towards what the
moral law and goodness of the universe tended.123 As a consequence, he held that civil disobedience
had to remain non-violent. For their part the call to be and remain non-violent is central to the
Occupy movement.124 The Occupy share King understanding that to use violent means would be
against the dignity of the person and it would threaten the integration and restoration of the
community to what it was aimed. 125 The Occupy can lean on King and the CRM for a theoretical
framework of how the means should remain moral.126 The Occupy movement can find in MLK a
strong tradition of applying civil non-violence protest that has not been matched in the rest of the
western world. 127 In the same sense that the Occupy are reluctant to give names of persons and they
give names of corporations instead,128 the CRM directed the struggle against the system of injustice
not against the person.129 If for Occupy the goal is not to defeat or to humiliate but rather to build a
new community, they will find in King a strong advocate.130

116

(Rufus Burrow 2006, 70)

Man is a child of God, made in his image, and therefore must be respected as such.(Wills 2009, 28)
118
(Ibid, 113-6)
119
Without which they are reduced to animals. See Americas Chief Moral Dilemma.
120
(Ebenstein 1991) 293
121
Letter from a Birmingham Jail
122
(Ebenstein 1991, 294)
123
See (Rufus Burrow 2006, 75;93;113; 246-7).
124
We welcome all, who, in good faith, petition for a redress of grievances through non-violence. Statement of autonomy, in
http://www.nycga.net/resources/statement-of-autonomy/ see also http://owsnews.org/occupy-wall-streets-commitment-tononviolence/
125
See for instance A Christmas Sermon on Peace, (James M. Washington 1986, 92); and Playboy Interview, in (Ibid, 361).
126
In his own words: The Aftermath of nonviolence is the creation of the beloved community, while the aftermath of violence is
tragic bitterness. (Martin Luther King 1987, 102)
127
According to King, the CRM advocates were performing Thoreaus and Gandhis civil disobedience only that to a scale dwarfing
any past experience in American history.
128
See annex.
129
See "I've Been to the Mountaintop." April, 3, 1968, Mason Temple, Memphis, Tennessee.
130
The Ethical dimensions of Integration. 27 December 1962. In (James M. Washington 1986, 119). See also (Wills 2009, 124).
117

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All thorough his public ministry, King talked about the need of being maladjusted and to
work for social change.131 This call to be maladjusted was a call for civil disobedience, an invitation
to challenge the unfair social system of segregated US that had correlates in socio-economic
injustices.132 Kings civil disobedience camping started fighting segregation and moved on to
challenge poor labor conditions and the madness of militarism.133 The Letter from Birmingham
Jail, MLKs response to the criticisms of a group of white clergymen who accused him of being an
extremist,134 it is a masterpiece of in what circumstances a Christian (any moral citizen) should
embrace civil disobedience. In a way reminiscent of Thoreaus call for honest men, and the Occupy
cry for the mobilization of their co-citizens, King claimed that in a society such as his (white Church
included) which had rendered the moral criteria to the taste of the majority,135 the true Christian had to
response being an extremist of love.136 In this regard, and although so far the Occupy has avoided
massive acts of civil disobedience but some of the activists have defied eviction and other laws, MLK
seems to be a good complement to Aquinas and Thoreau. MLK is also a critic voice and a dangerous
example for the religious leaders that are starting to show sympathy with the Occupy, as the CRM activist
would put, is the church willing to place her body in the line? 137
Kings willingness to trigger social tension is a point of particular interest when discussing civil
disobedience and the Occupy movement. In an interesting contrast with Aquinas, for King, a peace that
is purchased at the price of lingering injustices is a too expensive pace that must be rejected. 138 In fact,
for him, civil disobedience was aimed precisely at uncovering the hidden tensions so that the wide
community would be moved to eradicate them.139 King welcomed this type of constructive nonviolent
tension which is necessary for growth,140 and rejected the segregationist societys peace as
obnoxious, as a peace that stinks in the nostrils of the Almighty God. 141 The huge difference with
the Occupy that makes for me difficult to consider them as engaged in civil disobedience is that for King,
this was a last resort, once the dialogue had been exhausted and was aimed at creating a dramatic situation.
So far this has not been the path taken by the Occupy in their relation with authorities. In this sense, were
the Occupy in disposition to move forward and engage in civil confrontation, MLK and the CRM can
show them the way. Finally, MLK conceived civil disobedience as the last resort once the channels of
negotiation, and the denunciation through documents and repots had proven insufficient. For King

131

A Look to the Future, (James M. Washington 1986, 89); The Power of Nonviolence (Ibid, 14); Where do we go from here
August, 16, 1967 SCLC convention; The American dream, (Ibid, 207); I have a dream; Letter From a Birmingham Jail.
132
[T]here are some things in our social system to which I am proud to be maladjusted, these include, the mob rule, the evils of
segregation, or the unfair economic system, which takes necessities from the masses to give luxuries to the classes.
133
[I]f our nation can spend thirty-five billion dollars a year to fight an unjust, evil war in Vietnam, and twenty billion dollars to put a
man on the moon, it can spend billions of dollars to put God's children on their own two feet right here on earth. Where Do We Go
From Here?, Delivered at the 11th Annual SCLC Convention Atlanta, Ga. 16 August 1967.
134
Letter From Birmingham Jail.
135
Moral principles have lost their distinctiveness. For modern man, absolute right and wrong are a matter of what the majority is
doing. Right and wrong are relative to likes and dislikes and the customs of a particular community. MLK Knock at Midnight
http://mlk-kpp01.stanford.edu/index.php/encyclopedia/documentsentry/doc_a_knock_at_midnight/
136
King used the term extremist sixteen times in a sixteen page letter. In a masterful exercise of rhetoric, King turns the accusation of
being extremist into the paradigm of what should be the Christian and the moral attitude under struggle.
137
The Occupy is also challenging and fostering debate in religious traditions and between religious leaders and congregations when
for instance some churches are welcoming in their temples the evicted Occupy http://www.washingtonpost.com/national/onfaith/churches-help-occupy-movement-survive-crackdowns-winter/2011/11/29/gIQAJnRh9N_story.html
138
If peace means: accepting second-class citizenship... keeping my mouth shut in the midst of injustice and evil... being
complacently adjusted to a deadening status quo... willingness to be exploited economically, dominated politically, humiliated and
segregated, I dont want peace. When Peace Becomes Obnoxious March 29, 1956.
139
to create such a crisis and establish such creative tension that a community that has consistently refused to negotiate is forced to confront
the issue. It seeks so to dramatize the issue that it can no longer be ignored. [Letter from Birmingham Jail 291]
140140
It is the kind of tension that will help men to rise from the dark depths of prejudice and racism to the majestic heights of
understanding and brotherhood. (James M. Washington 1986, 291)
141
When Peace Becomes Obnoxious March 29, 1956

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civil disobedience sought to create a dramatic crisis so big that the society would awake to the
situations of injustice it was denouncing.142

6. As way of Conclusion
After carefully reading the Occupys webpages and following the rapid evolution of the
movement, and leaning on the argumentation made above, I conclude that the Occupy are engaged in
a new form of Civil Disobedience. I have made the case of how they have clear political aims and
how in fact they seem to be achieving some of them. 143 According to Rawlss classification they are
engaging in indirect civil disobedience, and in direct civil disobedience. They engage in indirect civil
disobedience when they defy evictions or occupy the streets to be arrested in order to raise awareness
and denounce the unfair laws of political funding and banks bailing out they denounce. They engage
in direct civil disobedience when they refuse to pay back the student loans, or when they occupy
evicted houses to give homeless family a home. As Rawls definition of civil disobedience requires,
the injustices being defied by the Occupy are blatant, and their reforms are aimed at making the poor
better off. The advantage of referring to Rawls for the Occupy is that he offers a series of nonreligious principles to justify civil disobedience that can appeal to the common sense of the
citizenship. As Rawls contends, we would expect that it would be possible to agree that a violation of
the two principles he proposes warrants a civil disobedience response. In the same sense, another
advantage of Rawls is how he makes the case for non-violence tactics out of secular terms, his
concern for non-violence is that the movement remains civil and democratic. With regard to the
Occupy concrete political goals, the tax reformation they pursue is also advocated by Rawls as a way
of favoring the worst off and as more fair distribution of wealth.144
In relation to King and the CRM, the Occupy concerns on justice and their claim for a better
distribution of wealth recalls those of Kings and the CRM when they engaged in the poor peoples
campaign and the CRM demonstrations to improve the condition of poor people in the US. As I
have already noted, the Occupy differ from the CRM in their tactics, for the CRM engaged mostly
and massively in direct civil disobedience in which thousands of protesters got arrested each
demonstration. Nevertheless, the CRM and Kings legacy can be a rich resource for the Occupy for
they share the concern of raising awareness of injustices. Moreover, the study of the CRM tactics and
the lessons learnt by the movement in how to organize and mobilize a nation are an invaluable
resource for any movement engaged in civil disobedience. As I have stated above, Kings legacy for
the Occupy includes his ability to bridge alliances with religious partners, labor unions, and the
political establishment. In this sense, if the religious dimension was the vertebral column for the
CRM, it can also play an important role in the Occupy if they are to gain momentum in the US wide
society, which remains highly religious.145 In fact, several religious leaders have publically show
their support for the Occupy and some congregations are offering their temples for the Occupy
assemblies once they have been evicted from parks.
In this regard, I also consider it important to recover Aquinas, as conversation partner of the
Occupy religious allies that can foster dialogue in a more profound theological or ethical level in
academic circles. Of particular interest for a wider ethical discussion could be Aquinas take on need
and thief and how it can illuminate the new Occupy our Homes campaign, and the refusal to pay
back study loans campaign. Aquinas could be a good starting point for a deep discussion with the
academic world, because Aquinas is not only a religious thinker but one of the champions of the
142

Martin Luther King, Jr. The Trumpet of Conscience (New York: Harper Row. 1967). Quoted in (James M. Washington 1986, 648)
See David S. Mayer professor of sociology and political science at the University of Californiahttp://politicsoutdoors.com/
144
(Rawls 1999, 234-242)
145
Some 95% of Americans profess a belief in God or a universal spirit ... the vast majority of Americans continue to make religious
faith an important part of their lives. (Robert 8. Fowler et at 2004, 27). Some 40 % of Americans attend religious services at least
once a week and religious membership is around 60% of the total population. (Robert N. Bellah et al. 1985, 219).
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natural law, which can have also civil and secular implications. Engaging in these academic
discussions matter, because when thinking of achieving sustainable change (as Ellacura, Fiorenza,
and Foucault would put it), the academia has also to be part of the conversation. Finally, since the
Occupy have a strong sense of the citizen as moral individual I consider that Thoreau, frequently
quoted in their forums and with a street named after him in the Occupy Boston encampment, can
be an interesting theoretical resource for the theoretical framework of the Occupy. Particularly
important are the claims of Thoreau that the individual conscience has to be above the legal system
perpetuating the injustices and his concern that the good citizens are those who willingly confront the
unjust laws of the government to better serve the democracy. Thoreau would work as a strong ally
against the critiques that are tinting the Occupy as enemies of the Republic, for he considered that
the way of best serving the democracy was being healthy critic with it. Moreover, Thoreau as King
would help the Occupy make the case against those who accused them of perturbing public order or
the peace of common spaces. For Thoreau, as for King, the dignity of the persons and their moral
convictions have to be considered more important than an otherwise unreal social peace.

Bibliography
Ebenstein, William Ebenstein & Alan O. Great Political Thinkers. Orlando: Dryden Press, 1991.
James M. Washington, editor. A Testament of Hope. The essential writtings and speeches of Martin Luther
King Jr. New York: HarperCollins, 1986.
Nemeth, Charles P. Aquinas and King. A discourse in civil disobedience. Durham,North Carolina: Carolina
Academic Press, 2009.
Rawls, Jhon. A Theory of Justice. Revised edition. Cambrdige : Belnak press, 1999.
Rufus Burrow, JR. God and human dignity . Notre Dame: Univeristy of Notre Dame Press, 2006.
Thoreau, Henry D. The writings of Henry D. Thoreau. Princenton: Princenton University, 2004.

Selection of Web Pages Consulted:

BC Occupies Boston: http://www.facebook.com/groups/280761848614304/
Occupy Boston: http://www.occupyboston.org/10/
Occupy Wall Street: http://occupywallst.org/
Politics Outdoors: http://politicsoutdoors.com/
International Business Times US: http://www.ibtimes.com/
Financial Times: http://www.ft.com/
The Theological salon: http://theologysalon.org/
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Tikkun Daily: http://www.tikkun.org/

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