Civil Disobedience: A Secular and Jewish View
RUBEN SCHINDLER, D . S . W .
Faculty, School of Social Work, Bar-llan
HE traditional role of social work
and that of the professional have
been questioned in recent years. This
may be due to the acceleration of social
problems and our inability to cope effec­
tively with them. The liberating force
which social work has sought to exem­
plify has fallen short of its goal. The plight
of the poor, the irregularities that some
members of our society face, the prob­
lems multiplying in our cities often bring
responses of rather extreme magnitude
by professionals and those caught in the
web of crises.
This paper will address itself to the
subject of civil disobedience as a strategy
for social change. It will examine this
topic based on secular literature and
Jewish biblical sources. A d o p t i n g a
rather extreme form of protest based in
past and present events can enable us to
think more fully about the role of the
profession in these troubled times.
Civil disobedience refers to a person's
refusal to obey a law which the person
believes to be i m m o r a l as uncon­
s t i t u t i o n a l . It is called civil a n d
not criminal disobedience since its pur­
pose is to inform and educate. It points
to the contradictory and inconsistent ap­
plication of the law. A person's willing­
ness to accept his actions and conse­
quences is what makes it civil rather than
criminal disobedience. Martin Luther
King and Ghandi exemplified this kind
of reasoning.
T
University, Ramat-Gan,
Israel
Civil disobedience has taken different
forms and is ancient as civilization itself.
It is to the works of Henry Thoreau that
one turns for examination and analysis.
He provides an example of how the pur­
suit ofjusdce supersedes that of the law.
It was Thoreau who, in the mid-19th
century, published a work of considera­
ble i m p o r t a n c e dealing with civil
disobedience. The refusal to pay an un­
popular poll tax led to his arrest in 1846.
His reasoning was not based on the prin­
ciple of individual conscience as the only
basis of what should be politically jus­
tified, nor did it derive from any narrow
legal question. It was rather a deep and
strong protest against his government's
involvement in the Mexican War, the un­
fair treatment of the Indians and the
refusal to act on slavery in the South.
Thoreau's actions are analogous to past
protest, against the United States
government's involvement in Vietnam.
T h o u g h his protest was voiced in
another century, it was against a war
similarly considered unjust.
3
1
2
Witness the present Mexican War, the work o f
comparatively a few individuals using the stand­
ing g o v e r n m e n t as their tool: for in the outset,
the p e o p l e would not have consented to this
measure.
4
This is an expression of protest against
a government's action that is felt to be
immoral. Thoreau was also deeply con­
cerned about the plight of the slaves in
the South and his government's refusal
1
A b e F o r t a s , Concerning
Dissent and
Civil
Disobedience. ( N e w York: T h e World Publishing
C o m p a n y , 1968), Chapter 4.
M o h a n d u s K. Ghandi, Non-Violent
Resistance.
( N e w York: 1961), p. 3.
2
322
3
H e n r y D. T h o r e a u , "Civil Disobedience", in
H u g o A d a m B e d a n , Civil Disobedience, (New York:
Pegasus, 1969), p p . 27-50.
*Ibid., p. 2 3 .
J O U R N A L O F JEWISH C O M M U N A L SERVICE
to act in freeing them from bondage. He
feels that he must protest against the vio­
lation of human rights and that a means
of doing so was his refusal to pay the poll
tax and accept imprisonment.
Civil disobedience has traditionally
been an outcome of two differing views.
One suggests reaction to a particular law
which is felt to be inconsistent and un­
constitutional. It is in response to a law
which favors one group and discrimi­
nates against another. It is in protest to
what is clearly considered contradictory
and immoral. The law itself is the subject
of protest. Martin Luther King exem­
plifies this kind of protest when he asserts
that many Negroes would disobey unjust
laws which must be obeyed by the minor­
ity and not by the majority. In his letter
from the Birmingham city jail, he wrote:
not adhered to as a means of protest.
Fortas notes that laws are violated
in o r d e r to publicize a protest and to bring
pressure o n the public or the g o v e r n m e n t to
accomplish purposes which have n o t h i n g to d o
with the law that is b r e a c h e d .
8
It is an indirect method to dramatize a
cause, a policy that appears unjust, or
legal decisions which are not considered
in the public interest. Ghandi was an ex­
ponent of this kind of civil disobedience.
He called for mass disobedience to oust a
colonial power.
Civil disobedience, as a potent and
forceful strategy for change, is to be con­
sidered when all other options have
been cut off, w h e n all means a n d
methods have been used and no other
alternatives are available. King makes
this very point. He speaks of four basic
An unjust law is a c o d e that is out of h a r m o n y
steps in a non-violent campaign. Collec­
with the moral law ... an unjust law is a h u m a n
tion of facts, negotiation, selflaw that is not rooted in external and natural
purification, and direct action. Mili­
law ... Any law that degrades h u m a n personality
tancy and violence are alien to the peace­
is unjust. All segregation statutes are unjust be­
cause segregation distorts the soul and d a m a g e s
ful method that is inextricably part of
the personality.
civil disobedience. It destroys the very
source and potential for change that
The Supreme Court ruling in Plessy
peaceful a n d o r d e r l y protest can
vs. Ferguson in 1896, approving sepa­
achieve.
rate but equal facilities, making segrega­
The consequences of civil disobedi­
tion an established law, can hardly be
ence
should be clearly understood. It
considered a law which is impartial. The
carries
with it certain responsibilities for
effects of such laws have brought con­
those
that
participate in this strategy of
tinuous conflict to cities in the United
protest.
Readiness
to accept and obey the
States, both North and South. And as the
Kerner Report so well documents, it has decisions set down by the courts for vio­
also produced violence and a deep divi­ lation of the law is what makes it civil and
sion in society. There is another form of not criminal disobedience. Thoreau ac­
civil disobedience which is not necessar­ cepts the decision of going to jail and by
ily directed at a particular law. Laws are doing so, would hope to arouse the
people's indignation against the unjust
policies of the government. Ghandi
notes that the person committing civil
Martin Luther King Jr., "Letter from Birming­
disobedience, "must cheerfully suffer
h a m City Jail" in H u g o A d a m B e d a n , Civil
9
5
6
7
5
Disobedience, op cit., p. 7.
8
Report of the National Advisory Commission
o n Civil Disorders. (New York: E. P. Dutton, 1968),
p. 214.
Ibid., p. 226.
7
8
Fortas, op. cit., p. 5.
9
King, op cit., p . 7 3 .
323
CIVIL DISOBEDIENCE: A SECULAR-AND JEWISH VIEW
imprisonment and show the strictest and
willing obedience to discipline." The
same point is underscored by King and
others. King appealed when he was ar­
rested in Birmingham, claiming the First
Amendment for the right to protest.
This plea was not considered and he
peacefully accepted the consequences.
This strategy for protest affords drama­
tic opportunities for change and yet re­
tains the qualities of a civilized and
human approach. It is advocacy in its
highest form.
10
11
One can well raise the question as to
what justifies an act of civil disobedience?
Would such a strategy of protest not lead
to anarchy? Perhaps, dissent is a more
appropriate form than civil disobedi­
ence. More recently, this question was
raised in relation to the war in Vietnam
though one could certainly generalize
this to include other significant issues.
The majority of participants in the dis­
cussion felt that the act of disobedience is
justified if "an intolerable" evil was
committed. If certain groups are op­
pressed. If justice is misused, if the gov­
e r n m e n t wantonly p u r s u e s a policy
which is clearly destructive. Chomsky
questions whether majority rule should
be considered sacrosanct. Perhaps, the
lessons of history suggest otherwise. And
he states, "no person of conscience can
believe that authority must always be
obeyed." Another writer justifies the
act of civil disobedience when the gov­
ernment "condones actions which are in12
13
1 0
Ghandi, op. cit., p. 19.
For a more thorough analysis in the various
m e t h o d s o f civil disobedience and the legal rights
o f the protester, note: Martin O p p e n h e i m e r and
G e o r g e Lahey, A Manual for Direct Action. ( N e w
York: Q u a d r a n g l e , 1965).
A S y m p o s i u m , "On Civil Disobedience", The
New York Times, March 27, 1971.
Ibid., p. 27.
1 1
1 2
1 3
324
consistent with certain important values
on which the society and political system
is built." T h e r e has been sufficient
criticism voiced among ghetto residents
of the inconsistencies in the courts, in
education, housing, job opportunities,
which point to injustices committed by
the majority. If the basic rights of oppor­
tunity and equal liberty are not adhered
to, then justification of civil disobedience
should not be questioned.
Civil disobedience, as response to so­
cial injustice, has also emerged on the
Israeli scene. The phenomena of the
Black P a n t h e r s is a case in point.
Whether civil disobedience is the "Jewish
thing" to do in a Jewish state has been
raised. A brief examination of Jewish
sources relating to this issue provides di­
rection from those involved in social
change.
14
15
Civil Disobedience
In Jewish Sources
Biblical history, especially as inter­
preted in the Rabbinic tradition, clearly
affirms the Jewish right to protest. Noah
was criticized by the rabbis because he
was concerned only with his own survival
and failed to call upon his contem­
poraries. Righteous protest is a biblical
precept, c o m m a n d i n g , " T h o u shall
surely rebuke thy neighbor and not bear
sin because of him." The second-half
of the verse emphasizes the obligatory
nature of the Commandments.
Civil disobedience, as a form of indi­
vidual protest, appears in our earliest
Scriptures. The Book of Exodus pro­
vides us with a clear example of how two
16
1 4
1 5
Ibid., p. 28.
J o h n Rowls, "The Justification o f Civil Dis­
o b e d i e n c e " , in H u g o A d a m B e d a n ,
Civil
Disobedience, op. cit., p. 2 4 9 .
Leviticus, 19:17.
1 8
J O U R N A L OF JEWISH C O M M U N A L SERVICE
young midwives refused to comply with
the demands of Pharaoh in killing the
first born. "They did not do what the
king of Egypt had told them to do, but let
the infants live." Their actions not only
reflect opposition to the policies of
Pharaoh, but as Rashi notes, the midwives provided the infants with bread
and water. It is a p p a r e n t that they
likewise were ready to face the conse­
quences of protest.
The Book of Samuel also presents a
dramatic account in the lives of King
Saul, David, and the priests related to
civil disobedience. King Saul in his pur­
suit of David was informed that a family
of priests had assisted in his escape. T h e
text notes:
opposing his people's war against Baby­
lon, nor could Isaiah in opposing al­
liances with Assyria and Egypt. Amos
cries out for social justice:
17
T h e n the king sent to call A h i m e l e c h the priest
... and said unto him. Why have ye conspired
against m e , thou and the son o f Jesse, in that
thou hast given him bread, and a sword and
hast inquired o f G o d for him, that he should
rise against m e , to be in wait as this d a y . T h e i r
hand also is with D a v i d . . . But the servants o f the
king would not put forth their hand to fall u p o n
the priests of the l a n d .
18
19
The guards of the king felt that the
sentence was both unjust and severe.
In both cases, mentioned above, we
find individuals who refused to commit
an act which was deeply felt to be incon­
ceivable by the persons ordered to per­
form it. Both cases mentioned above are
p e r h a p s of severe m a g n i t u d e b u t
nevertheless an act of the highest order
involving moral conscience.
The prophets also provided insight in
the area of civil disobedience. They serve
not only as guides but offer inspiration in
times of crises and conflict. Jeremiah, for
example, could not restrain himself in
1 7
Exodus, 1:15-17.
Samuel I, 22:11-27.
"Ibid., 22:17.
1 8
I will grant t h e m n o reprieve because they sell
the innocent for silver a n d the destitute for a
pair o f shoes. T h e y grind the heads o f the p o o r
into the earth and thrust the h u m b l e out o f
their w a y .
20
All three prophets protest against the
temper of the times, knowing full well
the consequences they personally would
have to face.
What may be the first recorded in­
stance of mass non-violent civil disobedi­
ence is found in Josephus, Antiquities of
the Jews. The incident, he relates, took
place in the reign of Emperor Caligula
and centered around the latter's decision
to place his statue in the Temple in
Jerusalem. Petronius, the e m p e r o r ' s
agent, was given a large army and in­
structed, at first, to persuade the Jews to
permit the installation of the statue
peacefully. The Jews, however, refused.
Petronius assembled an army and met
the Jews at Acre and later at Tiberias.
Josephus proceeds to describe the de­
termination of tens of thousands of Jews
to resist in a non-violent manner and be
killed, if necessary, to prevent the statue
from being erected in the T e m p l e .
21
22
T h e Apocrypha notes the essential
elements of civil disobedience. An offi­
cial law was issued by the government.
The Jews, whose obedience was com­
m a n d e d , c o n s i d e r e d the law to be
unconscionable, and consequently, re­
fused to obey. They responded to non­
violent resistance, seeking solutions
through peaceful methods.
2 0
A m o s , 2:6-7.
2 1
Ibid., B o o k 18, Chapter 8.
2 2
Ibid., B o o k 18, Chapter 8.
325
C I V I L DISOBEDIENCE: A SECULAR AND JEWISH VIEW
The issue of civil disobedience, ex­
amined from a secular and Jewish per­
spective, relates directly to the social work
community. T h e traditional role of social
work and that of the professional is being
questioned here in Israel and abroad.
The liberating force which social work
has sought to exemplify has fallen short
of its goal. T h e plight of the poor, the
inequalities that some members of our
society face, have brought increasing so­
cial problems. A strategy for protest of a
r a t h e r extreme magnitude was con­
sidered in this paper. But, perhaps, that
is part of our professional responsibility.
One social worker has noted that "the
interest of the social worker in social ac­
tion is the test of his integrity". These
words written in 1919 could not be more
relevant today.
23
3
* Frank J. B r u n o , Trends In Social Work ( N e w
York: Columbia University Press, 1948), p. 138.
326