Question
1. Using John Rawls' definition of civil disobedience, could civil disobedience be justified in a legal system where there is a formal rule of law?
1. Using John Rawls' definition of "civil disobedience," could civil disobedience be justified in a legal system where there is a formal rule of law? If so, what stronger duty could override the duty to obey the law in such a system? If not, why not?
2. Use the necessity defense to explain what a pro tanto moral duty to obey the law is. Illustrate your explanation by applying the necessity defense to a case where someone violates a traffic law that prohibits running a red light.
3. Given that the U.S. is expected to be a constitutional democracy, what is an argument against judicial review based on democratic legitimacy? Also, what argument is there in favor of judicial review based on constitutional legitimacy?
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