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When All Else Fails: The Ethics of Resistance to State Injustice

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Why you have the right to resist unjust government

For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can’t fight back. But in When All Else Fails, Jason Brennan argues that we have every right to react with acts of “uncivil disobedience” when governments violate our rights. We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force to defend ourselves or others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials act unjustly or abuse their power.

287 pages, Kindle Edition

Published December 11, 2018

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About the author

Jason Brennan

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Jason Brennan is the Robert J. and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University’s McDonough School of Business. His books include Against Democracy and The Ethics of Voting.

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75 reviews2 followers
December 27, 2018
Third book in a row I've read by this author, and as usual he mixes complex philosophical insights with a liberal dose of popular culture, effectively raising questions about why police (or any other form of state) violence should be treated differently than violence by a normal citizen - in other words, defending the use of violence to stop police brutality or unjustified police shootings, as well as escape from police custody in the event of wrongful arrest/conviction, and assassination of political leaders who are about to carry out a war crime or human rights abuse.

The problem is the idea of rights, or of justice. In this book, the author's argument hinges on "rights" or "justice" being violated, and this being sufficient cause to carry out violence against state agents. I have my own ideas of what "rights" and "justice" mean and I imagine they are similar to the author's. My concern is that, say, Operation Rescue, the Black Bloc, Antifa and the Proud Boys all have their own ideas and certainly feel they are right to carry out violence in their own cases. If the author's focus had been a bit narrower, isolating the specific instances in which violence would be appropriate when responding to police injustice, or an entirely separate book about when violence can be justly directed against elected or appointed officials I believe it would have been more effective. But as an overarching theory of justifying violence against state agents, it's somewhat muddled.

But on the other hand, what other philosopher is going to name drop Slayer and Office Space alongside Kant and Habermas?

Profile Image for Kyle van Oosterum.
188 reviews
June 15, 2020
I confess I read this book in response to thinking about the injustice committed against George Floyd. In addition, I’ve had the general feeling of disappointment in the institutions that are designed to “protect and serve” the citizens. What this book argues for is a deeply compelling idea of moral parity - that whatever actions taken in defense of ourselves can be committed against citizens AS WELL AS government officials, such as police officers. Broadly I think Brennan has done a tremendous job in outlining what goes wrong with defenses of the immunity/impunity of police officers. He writes clearly, so clearly in fact that you can find out where you agree and where you disagree with incredible ease. I think for the most part the general arguments against special immunity and for moral parity are quite convincing, but I wonder if we can dismiss government legitimacy and authority that easily. In addition, I worry that some of the implications of his theory of defensive ethics - justifiably lying to ignorant voters and judges ignoring unjust laws - can fall apart in game-theoretic situations (what if everyone did that? And so on).

Overall though, I think Brennan’s style and use of argumentation is a work of excellent craftsmanship and I really think that philosophers ought to learn how to write better by reading his books. The subject of defensive ethics I think is fascinating and I’m happy to say I’ve been inspired to start learning and studying it because of this very book.
Profile Image for Daneel Lynn.
1,177 reviews87 followers
September 28, 2020
以哲学推导证明所谓公权力并没有道德优先权,在不公义实施权力的情形下,以暴力制止是合乎道德的。

乍看之下很激励人心,也很符合道德,但由於「你的道德未必是我的道德」,所以理论可推导,但实行起来就很危险。多方各举道德大旗互干成為合理推测。

尤其作者只讲到一时的反抗,而没有挑战甚至提及后续的公权重新建构,感觉就是给叠尝惭之流当理论基础用的。
Profile Image for MadameSoundso.
3 reviews
January 4, 2022
I like Brennan’s style. His strength is the ability to impart complex ideas in an easy and non-artificial language (unlike a lot of other philosophers). Nevertheless he makes his book look more provocative than it actually is (if you think his ideas through to the end and how they would be applied in the real world). Furthermore regarding certain aspects there would have been more argumentative work to be done.
Profile Image for David Mihalyi.
102 reviews31 followers
May 1, 2021
The book is a detailed philosophical elaboration on a single argument: we have a moral obligation to resist malign state actors.
I had started reading the book with sympathy towards the argument. In fact this sympathy is probably what drove me to purchase this book after stumbling into it at the bookshop and without knowing anything of the author. I'd say the book convince me to revise my beliefs slightly in favor of its central claim. But more importantly, the book made me realize how important this issue is and how little philosopher have had to say about it so far.

I rarely read moral philosophy, but this was a very easily digestible book. It has vivid examples and clear arguments. The arguments are demonstrated both on highly stylized cases and on some real world examples of well-known state injustice cases. Much of these were on US controversies around policing. I would have preferred a wider mix of real world cases.

My main quarrel with the author's argument is his presumption that state injustice is self-evident and that actors involved would know with certitude on how to judge these cases. Although the question of doubt is raised, he does not convincingly rebuke how anarchy or tribal warfare could be avoided in case of an escalation over moral disagreements.

Profile Image for Ernst.
102 reviews1 follower
March 3, 2021
The philosophy of ethics to state resistance (read in paperback) involves many questions I want to know, most of which this book ignores.
-- Some Senators oppose Obamacare because they prefer Medicare For All or prefer a Republican plan to be announced later. Under what circumstances must they do their best to make Obamacare work, and when should they let Obamacare fail so that they can implement their preferred plan?
-- What obligations, if any, did the summer 2020 protesters have to prevent the property damage and looting that occurred during their demonstrations?
-- If I think people are going to elect a disastrous candidate, can I (a) trick the voters into voting for the candidate they voted against, or (b) make voting so hard they don't do it or (c) shoot them as they stand in line at the polls?

Brennan's preferred questions are bizarre, often involving Batman, who is always right. If Batman knows a President is about to start an unjust war, can Batman shoot the President? Or, a question which apparently is receiving attention from numerous philosophers today, if prison guards know that their prisoners deserve sentences of five years, but receive sentences of twenty years, should the guards let the prisoners escape during the sixth year?

The last question is bizarre -- we have experience with it in Illinois where it was done legally and the results were pretty clear, without the programs and job trainings provided for prisoners about to depart prisons they struggled in society, and when one of them committed a horrible crime there was pressure to make sentences for everyone worse than ever. The Prison Department head who made the prison lost his job. That was without the additional consideration of prisoners being recaptured and sentenced for the escape in the philosophers' scenario. Illinois also passed earlier in 2021 reforms to reduce sentencing, so we are finally also an example of how to work on lower sentences effectively.

For my questions, Brennan, who states that he has sympathy with some anarchist philosophies, but does not detail them, does not say anything about the first two. On the third one, he favors solution A whenever possible, and supplies information about voter ignorance (figures not updated since 2003) to show that I'm probably smarter than the average voters. He allows solution C in extreme cases when no other solutions are possible. Although he does not opine on solution B, I believe he would prefer it to solution C.

I don't think the author agrees with the capitol protesters or with the legislators working now to restrict voting to communities whose voters disagree with the legislators, and I believe his answer is that they are not batman and do not know what is right or wrong. In The Republic Plato also wanted the state run by people who knew The Good, but he spent hundreds of pages showing how they would be educated (and I don't agree with him either.) This book is philosophy for Batman, and dangerous and not useful for any humans.
Profile Image for Josh Stephens.
7 reviews
February 1, 2025
When and how can individuals and groups justifiably resist government's actions? This is what Jason Brennan dissects in his book When All Else Fails: The Ethics of Resistance to State Injustice . Brennan aims to explore the moral and ethical duties that we have in response to state injustices. He aims to prove that we must hold government agents accountable in the same way we do to the citizens of our state.

Brennan begins by questioning the state's legitimacy, arguing that governments may become morally indefensible in some situations. What he means by this is that when decisions or actions are made by the government that cross a certain line, they may become no longer justifiable, which obligates us to use resistance to fulfill our moral duties.

He goes on to explain the moral justification for resistance, dissecting when individuals and groups are justified in resisting government tyranny. This includes civil disobedience and revolution.

The ethics of civil disobedience, explained by Brennan, represent a form of nonviolent resistance to unjust laws. The reader dives deep into examples ranging from the civil rights movement to the anti-apartheid movement.

Furthermore, we learn about the various types of resistance, ranging from peaceful protests to more radical, revolutionary actions, always remembering to invoke the least amount of force necessary. This ties in nicely with Brennan’s ethical boundaries. There are limits to when resistance can be justified, thus we must always be acquainted with our moral principles.

Brennan wonderfully and intelligibly analyzes the legitimacy of the state, the ethics of resistance, and civil disobedience versus revolution—his key points. Through the use of real world examples and provocative arguments, he challenges the reader to find a reasonable counterargument to his thesis.

"We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force to defend ourselves or others."
Profile Image for Nick.
69 reviews
September 19, 2021
A curious book - it tackles serious ethical questions treated with relative flippancy. In the wrong hands this book could be dangerous - especially now with antivaxxers seeking to ‘fight back’ against perceived government coercion.
1,313 reviews14 followers
May 16, 2021

[Imported automatically from . Some formatting there may not have translated here.]

Jason Brennan is an iconoclastic and wide-ranging scholar. According to his , he "specializes in politics, philosophy, and economics." (Um, that's not what most people mean by "specialize", Professor Brennan!) I read his contrarian book , and I liked it quite a bit. So I had the good Interlibrary Loan folks at the University Near Here wangle me a copy from Boston College. And…

Here's the issue: Generally, we know that violence against other people is wrong. So is lying and sabotage. But there's an important exception: we (again, generally) accept that it's okay to use violence, even deadly violence, not only in self-defense, but in defense of others. And it's okay to lie to an abusive husband if you're hiding his wife: "No, man, she's not here." And it's okay to disable the bank robber's getaway car.

But some people think there's an exception to that: if the evildoers are government employees, acting ex officio, they have a magic immunity against interference.

Brennan argues against that exception: his claim is that you have pretty much the same right to thwart rights-violating agents of the state as you would civilian villains. Including, if necessary, the right to use deadly violence against them. There's no reason to think they have that magic immunity.

The argument is developed with the care you would expect from a philosopher. Brennan first examines your "right" to resort to (otherwise) bad behavior in response to injustice: when does it work, when doesn't it, and what are the limits? He then makes a powerful observation with much broader implications than his limited thesis here: in thousands of years of trying, political philosophers have entirely failed to come up with good arguments establishing the rightful authority of the state against its citizenry. (This is a separate and independent argument from whether established governments are legitimate; Brennan argues against the authority of even legitimate states.)

You probably have a host of objections and worries to Brenan's thesis. A bunch occurred to me as well. But he does a pretty thorough job of anticipating and replying to them. (If you'd like a article-sized summary, it is, from the January 2019 issue of Reason.)

Profile Image for xkdlaej.
404 reviews8 followers
August 9, 2021
全本书只有一个重点:政府及政府代理人不具备特殊豁免权。
即是,当政府做了不公义的事,或尝试做不公义的事,人民有权利(甚至有义务)去阻止并反抗,以维护自己的权利。这权利是先於法律和制度存在的,法律和制度不能限制人本身应拥有的权利。

作者从多角度论证这一论点,当中也牵涉很多有趣的讨论
如防御性暴力的使用原则、比例原则、防御性行动是否义务等,可惜没能再探讨得更深入,流於表面(始终因為作者只是希望围绕单一重点作论证)

不过作者的书亦能引发人作更多思考:


暴力螺旋的问题:
假設安遇到了需要防禦性行動的時候,使用了不合比例的暴力,那是否會造成新的 injustice?而為了阻止這 injustice,旁人是否應採取防禦性行動?

这是否会导致暴力升级的问题?因為即使最初的施害者做出了错误的行為,并不代表他在无论任何情况下,也有乖乖被暴力对待的义务?

而且,在人的理智能力備受質疑的時候,如何確保人們真的能合理判斷正確的武力程度,而非製造新的不公?作者在書中亦有提到有調查顯示,大多數選民都是 not informed / misinformed。雖然作者認為不需要得知所有資訊,在緊急情況下可以認為是正確,就可以進行防禦性行動。

但缺乏資訊,則容易令防禦性行動變得 disproportionate,甚或乎製造新的 injustice。作者似乎並不打算處理這些後續問題。

作者沒打算仔細討論「使用暴力 / 防禦性行動」的行動原則,但這是一個很重要的,辯證人民有權反抗政府。如要讓反抗保持正義,則需要小心不再製造新的不公義。可惜這本書沒有這方面的討論,似乎缺乏大局觀,或實際使用上的考慮。


专业操守与道德直觉的衝突:

法官、医生等都是专业人员,而他们身处的岗位上,似乎要求他们重视专业多於自身的道德判断。

希望作者能辩证為何个人的道德判断优先於专业操守。往例显示,无论躲在「专业操守」的名背后行齪齪之事,抑或是以自身道德判断為重利用制度打压异己,已经屡见不鲜。

如何平衡两种考虑,会是颇有趣的讨论。
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