ARTICLE: The Fracture of Good Order: * An Argument for Allowing Lawyers to Counsel the Civilly Disobedient Skip over navigation
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Copyright (c) 1982 Georgia Law Review Association
Georgia Law Review

ARTICLE: The Fracture of Good Order: * An Argument for Allowing Lawyers to Counsel the Civilly Disobedient



* The phrase is taken from D. BERRIGAN, NIGHT TO HANOI at xvi (1968).

Fall 1982

17 Ga. L. Rev. 109

Author

Charles R. DiSalvo **

Excerpt

Perhaps disintegration [of legal authority] began as early as 1955 when Mrs. Rosa Parks, a black seamstress, refused to move to the back of a bus in Montgomery, Alabama. That moment, which marked the resumption by black Americans of their struggle for civil rights and racial equality, made explicit a conflict between the obligations of law and of conscience -- between the commends of law and the claims of justice. +

Jerold Auerbach

[A] lawyer shall not . . . counsel or assist his client in conduct that the lawyer knows to be illegal . . . . ++

Model Code of Professional Responsibility



+ J. AUERBACH, UNEQUAL JUSTICE: LAWYERS AND SOCIAL CHANGE IN MODERN AMERICA 264 (1976).


++ MODEL CODE OF PROFESSIONAL PRESPONSIBILITY DR 7-102(A)(7) (1979).

Before the time of Rosa Parks, law was thought of as the source of a rock firm stability for our social institutions. 1 Now it serves as the stage for confrontation 2 and change. 3 This transformation of our view of the law has occurred just as the consensus that only certain forms of social change are acceptable has collapsed. 4 The lay person has demythologized 5 the law: the citizen now possesses, as an integral part of his new wisdom, the insight that a range of popular means are directly accessible to him for effecting changes in both public policy and the law. Among these instruments is the tactic of civil disobedience. 6

While the citizenry has recognized this relatively new ...
 
 
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