Civil Disobedience by Henry David Thoreau: An Analysis

This essay analyzes Henry David Thoreau's Civil Disobedience and its relevance in modern government systems. Thoreau advocated civil disobedience as a means of achieving a fair and righteous sovereign. He held the idea that the government’s duty is not to intrude or trespass into the lives of the citizens subject to its jurisdiction. Thoreau's recommendations continue to be of resounding relevance in the present global scenario.

Running head: CIVIL DISOBEDIENCE BY HENRY DAVID THOREAU
CIVIL DISOBEDIENCE BY HENRY DAVID THOREAU
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Researchers essay: Civil Disobedience by Henry David Thoreau
In January 1848 Henry David Thoreau was lecturing before the Concord Lyceum on the
subject of the relationship of the individual with the state. This was majorly influenced by his
imprisonment in 1846 for protesting against the Mexican war and slavery by refusing to pay his
poll tax. This was one first forms of civil disobedience undertaken by him and went on to
advocate civil disobedience as a means of achieving a fair and righteous sovereign. Thoreau held
the idea that the government’s duty is not to intrude or trespass into the lives of the citizens
subject to its jurisdiction (Thoreau). This is why he opens his essay on civil disobedience by
stating that the government is one which governs the least. The following paragraphs will
analyze the scope of Thoreau’s recommendations and their viability in modern government
systems.
Thoreau’s idea of good governance was one where the sovereign did not abuse or misuse
its power and it additionally does not intrude into the lives of its citizens. His idea of the
structure of a government was based largely on the social contract theory and he stated that a
government was created by the exercise of rights by the citizens (Thoreau). This meant that the
citizens were the ultimate makers of the government and that a government’s sole duty was to
ensure the freedom of every individual in the system. Thoreau held that a government that does
not discharge this duty and further goes on to cause encumbrances on the lives of its citizens is
not fir to be a governing body. He also held the idea that in practically the formation of a
government was based on strength in numbers. This meant that the employed system was more
based on physical strength than on the right guaranteed to the citizens and the ideals of justice.
This according to him was an incompetent form of governance (Thoreau). Thoreau in his essay

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introduces a newly identified right that citizens must have access to- this is the right of rebellion.
He says that in cases where the government is incompetent (in the form discussed above) the
ones causing a hindrance to proper governance are not the politicians but the citizens who
conform to the rules of such a society. He suggests that in such an instance the citizens deserve
better governance and social deviance in the form of rebellion through civil disobedience is the
best way to tackle such a situation (Snodgrass). He also states that mere opposition of a system in
force is irrelevant, the only material consideration is the action taken in favour of such an
opposition.
In his essay Thoreau states that he is not in favour of dismantling the idea of a
government but only the implementation of a competent government. Such a government
adheres to its duty of ensuring individual freedom and does not infringe the basic rights of
individuals under it (Thoreau). The consent of the people who are to be governed by the system
is supreme in Thoreau’s analysis of governmental structures. He submits that democracy is not
the final stage of a governmental evolution that adheres to the rights of the ones who are
governed. It must further evolve to represent the rights of the ones subject to the system and the
theories of justice. Justice here denotes true justice and not the will of the sovereign or the will of
the majority.
Thoreau suggests that an individual’s greatest obligation lies towards the human
conscience and that this is of supreme importance even if it dictates ideals that are against
majority opinion, the rules of the sovereign or the laws that govern the state. The individual thus
has a duty to abide by what his conscience dictates (Barash). Thus if the sovereign enacts or
follows laws that are immoral or unjust the individual’s duty towards the state lies in opposing
such immoral laws (Cohen). Thoreau however also observed that money is the ultimate means of

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corruption and thus the little money an individual has the better equipped he is in being a deviant
as he relies minimally on the government for his well-being.
In the present global scenario Thoreau’s ideals and recommendations continue to be of
resounding relevance. Democracy is the most common form of governance today and it ideally
comes from the will of the people. However, in practicality democracy too depends on strength
in numbers and thus poses that the majority would be able to decide right from wrong (Smith).
This strength in numbers continues to be centered around the majority which does not
completely guarantee the safeguarding of rights of all the citizens or ensuring the appropriate
carriage of justice where it is needed. In such a case once the majority has an elected government
the laws enacted by such a government, including immoral and unjust laws, are in force and are
binding on the minority who maybe detrimentally affected by it (Milligan). Civil disobedience
however cannot stand as a valid mode of reform as due to the conformist nature of democratic
systems the laws in force would still be binding and these laws impose heavy penalties in case of
civil disobedience (Celikates). Thus Thoreau’s idea of individuals being in indirect support of
unfair regimes still stands. In the modern context however these acts defined as civil
disobedience would be considered criminal acts and the individuals involved in such acts would
be liable to face charges for the same. This degree of control shows that governments today have
authoritative traits while being under guise of republics. Thoreau’s observation of the poor being
the best equipped for civil disobedience however does not stand in today’s world in light of the
theories of welfare economics though which governments today provide welfare services to
individuals.

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Reference List
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Milligan, Tony. Civil disobedience: Protest, justification and the law. Bloomsbury Publishing
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Smith, William. Civil disobedience and deliberative democracy. Routledge, 2013.
Snodgrass, Mary Ellen. Civil disobedience: an encyclopedic history of dissidence in the United
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