Sedition

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Sedition refers to a legal designation of non-overt conduct that is deemed by a legal authority as being acts of treason, and hence deserving of legal punishment. The term is deprecated in most countries, though equivalent language may still be in use in totalitarian and fascist jurisdictions.

Critical speech, political organization, and mere association between individuals may be considered as "sedition." And though such behaviours may be common in a free society, in societies where sedition laws exist the acts and behaviours which qualify are highly subjective, and typically left to the whims of state agents. Legal definitons of sedition often include subversion of a constitution, or incitement to rebellion or insurrection toward the lawful authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws.

Because "sedition" is typically considered the subvert act, the overt acts that may be prosecutable under "sedition" laws vary from one legal code to another. Where those legal codes have a traceable history, there is also a record of the change of definition for what constituted sedition at certain points in history. This overview has served to develop a sociological definition of sedition as well, within study of persecution.

The legal difference between sedition and treason consists primarily in the subjective ultimate object of the violation to the public peace. Sedition does not consist of "levying war" against a government nor of "adhering to [its] enemies, giving them aid and comfort" (Article Three, U.S. Constitution). Nor does it consist, in most representative democracies, of peaceful, non-violent protest against a government, nor of attempting to change the government by democratic means (such as direct democracy or constitutional convention).

History

Sedition in its modern meaning first appeared in the Elizabethan Era (c. 1590) as the "notion of inciting by words or writings disaffection towards the state or constitued authority" [1,89]. Ibid, p90: "Sedition complements treason and martial law: while treason controls primarily the privileged, ecclesiastical opponents, priests, and Jesuits, as well as certain commoners; and martial law frightens commoners, sedition frightens intellectuals." A famous action that has to do with sedition in U.S. history is the Alien and Sedition Acts. The prime-minister of Australia, John Howard, has recently indicated that he wishes to strengthen Australia's sedition laws.

See also

Reference

  1. Breight, Curtis, C. Surveillance, militarism and drama in the Elizabethan Era, Macmillian 1996: London.
  2. A synopsis of the Australian sedition laws: http://www.law.gov.au/agd/Department/Publications/publications/ICCPR3/articles/article20.pdf
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