Note:
H. Michael Sokolow, Convicting and Sentencing Draft Registration Resisters: A Philosophical Perspective, 61 TEXAS L. REV. 1057 (1983).
 

Abstract:
This Note analyzes the justifications for and against convicting and punishing individuals who refuse to register for the draft. The author argues that legal analysis of this issue is insufficient and turns instead to philosophical arguments on both sides of the debate. He concludes that neither the government nor the resisters have convincing philosophical arguments for their positions and that the primary justification for conviction is the duty to obey the law in the absence of any overriding concerns. The author also argues, however, that the existing punishment structure is inappropriate for draft registration resisters and proposes a new scheme based on the individual’s motive for resistance and the military realities of the country at the time of the resistance.