Introduction

Abstract This chapter introduces the idea of “criminalizing disobedience,” describes special problems the idea raises, and outlines the themes of the book. This chapter then summarizes the arguments of the book as follows. First, the state should not be permitted to criminalize and punish morally innocent conduct. Second, broad swaths of criminal laws criminalize and punish disobeying the state, not necessarily for harming other people (like killing), but for merely disobeying. Third, disobedience of the state can be morally blameworthy; therefore, when the state criminalizes and punishes disobedience, it can do so without criminalizing and punishing morally innocent conduct. Fourth, because of the nature of disobedience offenses as disobedience offenses, the question of limitations on the state’s ability to criminalize and punish disobedience is critical, and such limitations may take the form of individual rights, proportionality, and the requirement of “cooperation-worthiness” for the state to demand obedience. This chapter then describes the content and argument of each chapter of the book.