Confrontational Contestation and Democratic Compromise: The Sunflower Movement and Its Aftermath

TY - JOUR

T1 - Confrontational Contestation and Democratic Compromise

T2 - The Sunflower Movement and Its Aftermath

AU - Jones, Brian Christopher

AU - Su, Yen Tu

PY - 2015

Y1 - 2015

N2 - This piece describes the two conflicting governmental visions involved in the events surrounding the Taiwan Sunflower Movement, and attempts to justify the Movement from the perspective of democratic theory. In doing so we analyse the justifications Sunflower Movement leaders put forward for their occupation, and present a novel theory of “confrontational contestation”. The theory stems from the belief that the Sunflower Movement events represented a unique type of democratic disobedience, and new understandings regarding disobedience have emerged from these circumstances. The second part of our paper analyses the cases for and against prosecuting Sunflower Movement members. Ultimately, we decide that prosecution would only enhance political conflict, while non-prosecution (i.e., democratic compromise) would enhance democratic peace, therefore advocating the latter.

AB - This piece describes the two conflicting governmental visions involved in the events surrounding the Taiwan Sunflower Movement, and attempts to justify the Movement from the perspective of democratic theory. In doing so we analyse the justifications Sunflower Movement leaders put forward for their occupation, and present a novel theory of “confrontational contestation”. The theory stems from the belief that the Sunflower Movement events represented a unique type of democratic disobedience, and new understandings regarding disobedience have emerged from these circumstances. The second part of our paper analyses the cases for and against prosecuting Sunflower Movement members. Ultimately, we decide that prosecution would only enhance political conflict, while non-prosecution (i.e., democratic compromise) would enhance democratic peace, therefore advocating the latter.

KW - Contestation

KW - Democracy

KW - Democratic peace

KW - Democratic conflict

KW - Disobedience

KW - Freedom of speech

KW - Protest

KW - Sunflower Movement

KW - Taiwan

UR - http://www.law.hku.hk/hklj/2015-Vol-45.php

M3 - Article

SN - 0378-0600

VL - 45

SP - 193

EP - 210

JO - Hong Kong Law Journal

JF - Hong Kong Law Journal

IS - 1

ER -