A Free Society Must Expect Civil Disobedience
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
To begin, however, I believe it is necessary to define an "unjust" law. According to St. Thomas Aquinas, "Any law that uplifts human personality is just. Any law that degrades human personality is unjust." (King, 3) According to Dr. Martin Luther King Jr., "An unjust law is a code that a numerical or power majority compels a minority group to obey, but does not make binding on itself." (King, 4)
The definition I will take is a combination of these two. I define an unjust law as one that degrades human personality through the unfair suffering of a minority group at the hands of a majority group. Keep in mind that a majority can be in either power or number. A majority in number can be oppressed by a majority in power. Any law that causes a person to suffer simply because they do not agree with this majority is an incorrect and unjust law.
Singer gives two typical arguments in favor of obeying these unjust laws. I will address these arguments one at a time. The first argument says that, "By disobeying [a law] I set an example for others that may lead them to disobey too. The effect may multiply and contribute to a decline in law and order. In an extreme case, it may lead to civil war." (Singer, 297)
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...is injustice.
Works Cited
Allen, R.E. Socrates and Legal Obligation. Minneapolis, University of Minnesota Press
Jefferson, Thomas, Blood of Patriots Letter, 1787, http://www.theatlantic.com/issues/96oct/obrien/blood.htm
Jefferson, Thomas, Declaration of Independence, 1776, http://memory.loc.gov/const/declar.html
King Jr., Martin Luther, Letter, "Letter from a Birmingham Jail", 16 April 1963 Singer, Peter. Practical Ethics Cambridge University Press; 3 edition. February 21, 2011
"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.
King, Martin L., Jr. "Letter from Birmingham Jail." Letter to My Dear Fellow Clergymen. 16 Apr. 1963. N.p.: n.p., n.d. N. pag. Print.
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 ...
On Socrates’ point of view either the disobedience to the law or to the civil disobedience can be justified. To justify it correctly you have to be able to argue and find reasons for every given rule. Not just believe in what others say.
"Martin Luther King Jr.'s letter from Birmingham Jail, which was written in April 16, 1963, is a passionate letter that addresses and responds to the issue and criticism that a group of white clergymen had thrown at him and his pro- black American organization about his and his organization's non- violent demonstrative actions against racial prejudice and injustice among black Americans in Birmingham.
King, Martin L. "Letter from a Birmingham Jail [King, Jr.]." Letter to Fellow Clergymen. 16
I think there are always times when disobeying a law is morally justified. "They are sometimes unfair and repressive; common sense, social custom, and religion already provide enough guidance; and morality can never be legislated" (Kessler 154). Thoreau argued that any given law is not as high or not above what you believe in or what your conscious tells you is right. "We all have a moral duty to obey our consciences" (Kessler 154). I believe it is very clear how I stand on the subject of civil disobedience. After researching this topic and formulating my own opinions I have learned a great deal about my morals and myself. It simply shocks me when I think of the accomplishments of people like King, Gandhi, and Thoreau.
King, Martin Luther Jr. “Letter from the Birmingham jail.” Why We Can't Wait 1963: 77-100.
King, Dr. Martin Luther, Jr. "Letter From A Birmingham Jail." Letter to The Clergymen. 16 Apr. 1963. American Identities. N.p.: Wiley-Blackwell, 2005. N. pag. Print
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