The right to resistance: rethinking the concept of civil disobedience and its legitimacy in the context of the philosophy of law

Background and purpose: Civil disobedience as one of the means of resistance against injustice and unjust laws has long been discussed in the history of philosophy and law. With the aim of conceptual analysis and investigation of the legitimacy of civil disobedience in modern legal systems, this research investigates different philosophical and legal perspectives in this field. Considering the increase of social protests and civil movements around the world, rethinking the concept of the right to resistance and evaluating its place in the philosophy of law seems necessary.Methodology: This study was conducted using a descriptive-analytical method. First, the historical and philosophical study of civil disobedience from classical theories such as John Locke, Rousseau and Hobbes to contemporary perspectives is analyzed, and then the relationship between civil disobedience and social justice and human rights is analyzed.Findings: The study shows that civil disobedience has always played an important role in challenging unjust legal systems and defending human rights. In democratic systems, the legitimacy of civil disobedience is widely accepted, especially when the disobedience seeks to reform unjust laws. On the other hand, in authoritarian regimes, civil disobedience is often met with severe repression, but remains a key tool for fighting injustice.Conclusion: This research shows that civil disobedience, despite its challenges and limitations, can be considered as one of the legitimate rights of an individual against unjust laws. From the perspective of the philosophy of law, civil disobedience is not only a legal or moral act, but also a human right to resist injustice. As a result, to maintain social justice and defend human rights, civil disobedience should be reviewed and supported in legal frameworks

کلیدواژه ها:

rights to resistance ، civil disobedience ، social justice ، human rights ، philosophy of law