I agree with Eugene's statement, but it's important to inculcate in children from a young age that they are entitled to an explanation from government for the laws it imposes on individuals (especially if, like children, they are without voting power), and that a failure to persuade might, depending on circumstances, legitimize disobedience.
sandy -----Original Message----- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Volokh, Eugene Sent: Thursday, November 22, 2012 2:25 PM To: Law & Religion issues for Law Academics Subject: RE: High School Student's Religious Objection to Wearing RFID Chip Badge for Student Locator Program Though I agree with much that Sandy says (and especially join in his Happy Thanksgiving wishes), I wonder whether the item below involves the tailing wagging the dog a bit. Many virtues that we inculcate in schools are only presumptive virtues, that sometimes must be set aside in favor of other virtues. That's true of honesty. (You might have to lie to the Nazi who comes to ask whether you're hiding Jews in your home.) It's true of solving problems in non-violent ways. (You might need to use deadly force in self-defense, or fight in a war to protect your country.) That's also true of following the law, and using law-abiding means to try to change laws you disapprove of. Yet it seems to me that it's good to teach such virtues, and have disciplinary or monitoring measures that help reinforce the virtues, even though we recognize that in rare circumstances such virtues need to yield to other concerns. Eugene Sandy Levinson writes: > Also, I'm not sure we want to create citizens who believe their dty is > to "comply with [all] legally enacted rules," nor do I "certainly want > minor students who so comply." Perhaps I'm influenced by the terrific > book written by my wife Cynthia (on four "best of 2012 lists so far," > re non-fiction books for children), We've Got a Job: The 1963 > Children's March in Birmingham, which details the remarkable decision > by minor students to take on Bull Connor's cops and, as a result, to > revive a wavering Civil Rights Movement by encouraging John Kennedy > finally to commit himself on civil rights. No "unruly children," no > Civil Rights Act of 1964. It's not quite that simple, but the > assumption of agency by the children, who were not really encouraged to march > by their parents or by Dr. King, was literally an historic act. > > A Happy Thanksgiving to everyone. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. _______________________________________________ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
