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Just and unjust laws
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"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." Martin Luther King's words, which just correspond with the above assertion, perfectly tell us what to do in face of laws, either just or unjust. To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems resolved quickly and justly. Besides, the entire U.S. legal system depends upon the involvement and integrity of citizens in the roles of parties, witnesses, jurors, legal counsel and judges, making the legislation, judgment and enforcement respecting more citizens' will, which is probably based on various interests, so that laws can be as just as possible. Therefore, modern laws are in nature pursuing to treat and protect every individual in the society. However, there once existed or exists certain unjust laws around the world. A number of ancient laws were made specially to protect the interests of the upper class, such as the King, the Pope and the aristocrats. Besides, it is also hard to rule out the possibility of modern laws being unjust for several reasons. Firstly, injustice is sometimes unavoidable, since it is difficult for legislator to take every situation and every possible result into account. Secondly, justice is a concept with relativity that different individual may view the sam... ... middle of paper ... ... whether it is just or unjust, it does not mean that we have no respect to laws. When disobeying laws, one must have higher purpose respecting the will of the mass. Gandhi and King both pointed out that they never advocated breaking laws on the sly for personal convenience, they attacked unjust laws at their own risk in order to improve the society. Accordingly, while admitting that it is reasonable and necessary to disobey unjust laws undermines the interests of the pubic, we should also recognize the value of laws, deeply respect it and behave strictly as the just laws. Otherwise, a society without the limitation of laws would undoubted come into disorder and chaos. In conclusion, it is indeed every one’s responsibility to respect and obey just laws. But whether to disobey unjust laws calls for a prudent consideration about whether it is for any higher purpose.
"There is a higher law than civil law- the law of conscience- and that when these laws are in conflict, it is a citizen's duty to obey the voice of God within rather than that of the civil authority without," (Harding 207). As Harding described in his brief explanation of Henry David Thoreau's Civil Disobedience, there are some instances in which it is necessary to disobey a social law. Martin Luther King, Jr., in addition to Thoreau, reasoned that should a civil law be judged unjust, one had a moral obligation not only to himself but also to those around him to disregard that particular law in exchange for a higher one voiced by God.
Martin Luther King Jr.’s Letter from Birmingham Jail brings up the idea of acting in a just or unjust manner. In this letter, he’s saying that it’s moral for one to break a law if they feel it is an unjust one. He stated that any law that’s degrading a person should be considered unjust. Even though the technical reason for his arrest was just, since he was parading without a permit, it was an unjust action because it was used to maintain segregation in Birmingham. Since the reasoning for his actual arrest was unjust, he said that it’s okay to take action against it. What matters, however, is that it is done in a loving and direct way. This could be related to Socrates, who was arrested on the grounds for impiety and supposedly corrupting the youth of Athens. However, he made the argument that he was simply exposing them to what he believed was the truth, which was causing no harm other than giving them knowledge they deserved. Socrates
law if it can be seen as unjust or destructive to many peoples. Dr. King would
I believe that we can be morally justified in disobeying laws, which we consider to be immoral and there are several reasons for this. I believe that it is only possible to happily live in accordance with our own moral code, it may also be possible to live without too much dissatisfaction within the bounds of laws, which dictate a stricter moral code than our own. However I do not believe that it is possible to happily exist under a system of law whereby we are obliged at times to break our own code of morality. In this situation we are likely to find ourselves in a constant struggle ...
Overall, King sympathizes with the exception of the white people and the Negroes who agree to disobey the unjust laws. “One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience
The most recent transcendentalist, Martin Luther King Jr., tells us that civil disobedience is the most right way to deal with unjust laws. “… One has a moral responsibility to disobey unjust laws.” Mr. King is confessing that everyone has a moral responsibility to disobey unjust laws but transcendentalism illustrates how to do so in a peaceful non-violent way that will gain the respect of others (King). Morals are the basis of responsibility and a person’s moral compass is already calibrated to the right direction of what is right and what is wrong. Consciously, “One who breaks an unjust law must do so openly, lovingly, and with the willingness to accept penalty.”(King) Willing to receive punishment for what he believed in said a lot about his character but how he responded to such punishment really exhibited that he is a transcend list and not an average Joe. MLK JR not only popularized the idea of transcendentalism but showed the American people that not all wars are won with deadly weapons.
According to St. Augustine “an unjust law is not a law at all”(p186). This belief has been shared by many influential leaders in the past, including Henry Thoreau, Mahatma Ghandi, and Martin Luther King. They all believed in a non-violent approach to solving their social grievances. In most cases their approach was successful and was noticed by society and brought about a change in the laws. This nonviolent perspective stems straight from Jesus, who says, “Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.”(p192). Others believe that by being disobedient you are under minding the laws and thus creating chaos within society. But, if unjust laws are not brought into light or under minded, then there will be no change in those laws. Martin Luther King felt there is a misconception of time in that the very flow of time cures all ills. On the contrary, time is neutral and it can be used either destructively or constructively(p190).
Starting with perspective one I would like to point out the key points. Laws are there to provide peace and avoid chaos, although we should follow the laws if there are things that people may disagree with. Instead of just keeping quiet they should have the right to speak out about it without necessarily breaking the law. Breaking the law wont make it change but discussion of why the law is unjust and why the law was put in place in the first place is bound to make more progress than breaking the law to prove a point. Perspective two, I don't completely agree with the statement that people have a moral obligation to break laws that are unjust, unfair, or immoral. I would more say the entirety of perspective two will get you no where but in trouble and in jail or in legal trouble with the law.
Are we morally obliged to obey even unjust laws? Think about what this means. This means that laws, regardless of how unfair, unjust, or immoral they may be, must be followed with no better reason that they are the law. To the thesis that we are obliged to obey even unjust laws, I will argue that the standard objections to Civil Disobedience, given by Singer, are incorrect
The ideas of King are very similar to the ideas of Thoreau. Moreover, the “Letter from Birmingham Jail” shows that King, read the writings of many famous people. From these two reasons, King had probably read “Civil Disobedience” as an important document regarding justice and injustice. Therefore, the positions of the two writers are very close, and they cite conscience as a guide to obeying just laws.
Justice is controlled differently all throughout the world. Similarly, justice means a different thing to different people. Though not always enforced, my definition of what is just most likely differs from the person next to me. However, there are some actions that are generally accepted as being unjust. To give one example from the reading it is controversial whether “laws” are capable of determining what is just & what is unjust. It can be agreed by most that there are some laws are unjust but it is controversial among people whether these unjust laws can justly be disobeyed. Is disobeying a law always unjust regardless of the absurdity of the particular law?
Laws are sometimes weird and silly, people break laws all the time while they don’t even realize it. In Alabama it is illegal to have an ice cream cone in your back pocket at any time. Considering this, it is right to disobey the law when one’s conscience dictates him or her to do so as demonstrated by Dr. King, Nelson Mandela, and Henry David Thoreau. These historical men used the idea of unity, freedom, and peace to explain their messages across.
A controversial issue regarding the law has been whether it is ever right to disobey the law. Some people would argue that it is not always morally wrong to disobey the law. From this perspective, laws that are considered immoral or unfair hinder society through unnecessary restrictions. However, others argue that it is never right to disobey the law. Socrates, who maintains this view, discusses the issue of obeying laws in Crito by Plato, arguing that a citizen “[has] undertaken, in deed if not in word, to live [their] life as a citizen in obedience to us [the Laws]” (271). According to this view, obeying the law is a citizen’s duty, and a person who is not obedient to the law fails to fulfill his duty. In sum, the issue is whether disobedience of the law is moral or immoral.
Last but not least, injustice does not provide the most good for the most number of people. Just acts spawn other just acts just like unjust acts spawn other unjust acts. If everyone behaved unjustly, mankind would return to a state of nature (everyone is for themselves) which would be very unprofitable for the unjust individual due to a decreased likelihood of survival. An action is clearly unprofitable for the unjust individual if it would eventually create a hostile environment for him. Hence, one should set an example for others by living a just life which would create a better environment for him as well as for others.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society. One of the features of the Australian constitution is that it is structured in a way that theoretically reflects the rule of law.