Baskıya Karşı Direnme Biçimi Olarak Sivil İtaatsizlik ve Meşruluğu Sorunu

Abstract

Discussions on the right of resistance reveal that this right is a last resort and it is approved implicitly by positive law. Civil disobedience partly complies with the values of democratic state of law with elements of illegality, nonviolance, openness and consciousness of enduring punishment in this general frame. When a problem occurs in the system, it becomes a way of participation in politics. With its historical and philosphical bases it reflects a intellectuel accumulation. Main discussion about civil disobedience is its problem of legitimacy. Although illegal action has an intention to ensure justice, it can’t be discussed in context of law. Legitimacy of civil disobedience can only be possible when it emerges a social fact. Legitimacy in sociological context can only be possible if rightness of the action is accepted in public conscience.