From the ancient kings of Greece to our modern democracy, order has consistently been maintained by means of laws. To incentivize compliance and to reduce violence within a society, these laws are enforced through penalties according to the crimes committed. However, an individual is not only tasked to abide by these laws but also to preserve justice and condemn unjust laws that contradict the laws of a higher power. To address this conflict between moral and government-made laws, we are compelled to civil disobedience in the case of unjust laws. Many argue that civil disobedience would lead to the downfall of security and prosperity and perpetuate a violent, anarchic society. However, civil disobedience, as defined by political philosopher …show more content…
John Rawls, is a non-violent and conscious violation of the law with the aim to change governmental policies. Those who engage in civil disobedience understand the importance of the law and are willing to accept any and all legal consequences of their actions. Thus, protesters seek not to demolish the laws, but rather to reform them through nonviolent acts. Perhaps the most prominent advocate of these peaceful protests, Dr.
Martin Luther King Jr., wrote in his Letter from Birmingham Jail that, “one has a moral responsibility to disobey unjust laws…[as] an unjust law is no law at all” (King 2). He further explains that unjust laws are human laws that are not harmonized with the natural laws of God. It seems that MLK would agree with Sophocles’ Antigone as she declares, “Nor did I think your edict had such force that you, a mere mortal, could override the gods, the great unwritten, unshakable traditions” (Sophocles 503-505). As both Dr. King and Antigone suggest, moral laws, though unwritten, come before the laws of the government. When man-made laws were contrary to the laws of morality, both used acts of civil disobedience to demonstrate their dedication to upholding justice, though it cost them their …show more content…
lives. Most of us would be reluctant to, in either case, pay the ultimate price, and much less give up our freedoms in defiance of government crafted laws.
King tells us to listen to our conscience when in doubt, “Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it politic?' ‘Vanity asks the question, is it popular?’ But conscience asks the question, 'Is it right?' And there comes a time when one must take a position that is neither safe, nor politic, nor popular but because conscience tells one it is right.” Thus, conscience, and not cowardice, has to be a main driving force when we encounter an unjust law. This construct of a guiding conscience echoes that of American abolitionist Henry David Thoreau, who argued that true honor is derived from civil disobedience, according to the conscience of each individual, rather than cowardly passivity. He writes “There are thousands who are in opinion opposed to slavery and to the war, who yet in effect do nothing to put an end to them … who even postpone the question of freedom…” (Thoreau, 10). Thus, despite the fact that injustices were observed within society, there was a lack of personal interest to the resistance of unjust governmental policy. Despite the social construction of inaction, King, Thoreau, and Sophocles all call us to action through civil disobedience, so as to preserve justice and condemn unjust laws. Only by rebelling against unjust law through protests that incite dialogue and not violence
and by obeying moral laws can we achieve our goal of governmental reforms. Through peaceful civil disobedience, we can incentivize dialogue and reduce violence in our modern society not through harsh punishment, but through fair and just laws.
"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.
History has encountered many different individuals whom have each impacted the 21 in one way or another; two important men whom have revolted against the government in order to achieve justice are Henry David Thoreau and Martin Luther King Jr. Both men impacted numerous individuals with their powerful words, their words carried the ability to inspire both men and women to do right by their morality and not follow unjust laws. “On the Duty of Civil Disobedience” by David Henry Thoreau along with King’s “Letter from Birmingham Jail”, allow the audience to understand what it means to protest for what is moral.
Martin Luther King and Henry David Thoreau each write exemplary persuasive essays that depict social injustice and discuss civil disobedience, which is the refusal to comply with the law in order to prove a point. In his “Letter from a Birmingham Jail,” King speaks to a specific audience: the African Americans, and discusses why he feels they should bring an end to segregation. Thoreau on the other hand, in “Civil Disobedience,” speaks to a broader, non-addressed audience as he largely expresses his feelings towards what he feels is an unjust government. Both essays however, focus on the mutual topics of morality and justice and use these topics to inform and motivate their audience to, at times, defy the government in order to establish the necessary justice.
Henry David Thoreau and Martin Luther King, in “Civil Disobedience” and “Letter from Birmingham Jail,” respectively, both conjure a definitive argument on the rights of insubordination during specified epochs of societal injustice. Thoreau, in his enduring contemplation of life and its purpose, insightfully analyzes the conflicting relationship between the government and the people it governs. He considerately evokes the notion that the majority of people are restrained by the government and society from making decisions with consideration of their conscience and that people need to overcome the reign of the government to realize their own ethics and morals. King, in accordance, eloquently and passionately contends the injustice presented in the unfair treatment of and the discriminatory attitude towards Blacks. Even though, Thoreau successfully accentuates his main concerns in his argument, his effectiveness in persuasion—appeals, conclusion, and practical application—pales in comparison to that of King’s.
Justice is often misconceived as injustice, and thus some essential matters that require more legal attentions than the others are neglected; ergo, some individuals aim to change that. The principles of civil disobedience, which are advocated in both “Civil Disobedience” by Henry David Thoreau and “Letter from Birmingham Jail” by Martin Luther King Jr. to the society, is present up to this time in the U.S. for that purpose.
Mahatma Gandhi, a prominent leader in the independence movement of India once said, “Civil disobedience becomes a sacred duty when the state becomes lawless and corrupt.”(brainyquotes.com) Gandhi states that protest and civil disobedience are necessary when the authority becomes unscrupulous. This correlates to “Declaration of Independence,” by Thomas Jefferson; “Civil Disobedience,” by Henry David Thoreau; and “Letter from a Birmingham Jail,” by Martin Luther King Jr., because all three leaders felt that civil disobedience was important to help protest against an unjust ruling. Jefferson stood up to the injustice of the king by writing the Declaration of Independence and urged others to stand up for the independence of America. Thoreau exemplified
In his famous essay, “Letter from Birmingham Jail,’’ Martin Luther King, Jr. cites conscience as a guide to obeying just laws and defying unjust laws. In the same way, Henry David Thoreau wrote in his famous essay, “Civil Disobedience,” that people should do what their conscience tells them and not obey unjust laws. The positions of the two writers are very close; they use a common theme of conscience, and they use a similar rhetorical appeal of ethos.
Civil disobedience has its roots in one of this country’s most fundamental principles: popular sovereignty. The people hold the power, and those entrusted to govern by the people must wield
Civil Disobedience, as stated in the prompt, is the act of opposing a law one considers unjust and peacefully disobeying it while accepting the consequences. Many people believe this has a negative impact on the free society because they believe civil disobedience can be dangerous or harmful. Civil disobedience does not negatively affect the free society in a dangerous manner because it is peaceful and once it becomes harmful to the free society then it is not civil disobedience. Thoreau believed civil disobedience is an effective way of changing laws that are unjust or changing things that as a society and to the people does not seem correct. This peaceful act of resistance positively impacts a free society. Some examples are Muhammad Ali peacefully denying the draft and getting arrested. These men believed that what they saw was wrong and they did something about it but they did it peacefully.
Throughout modern American culture certain laws passed by the majority have been considered unjust by a wise minority. However, with the logical and emotional appeal of hard fought battles, voices have been heard, and the minds of the majority can sometimes be converted to see the truth. Thoreau, after spending a night in jail and seeing the truth hidden behind the propaganda of the majority, became convinced that he could no longer accept his government’s behavior of passing laws that benefit the majority with degrading the minority. It’s quite ironic that by the government imprisoning Thoreau he became freer then ever before. He was able to see how the government turned peaceably inclined men into controllable machines. Thoreau saw how the government dealt with its citizens as only a body, while completely disregarding the sense, intellect, and moral beliefs of its people. In his essay “Civil Disobedience,” Thoreau stated that “a government ruled by majority in all cases cannot be based on justice.” He further believed that “under a government which imprisons any unjustly, the true place for a just man is also prison.” This point made by Thoreau can be seen as the truth throughout history. A just man never sits by quietly watching the majority degrade the minority to suit their own immoral purposes. Like Thoreau, another just man who stood out from the quiet minority was Dr. Martin Luther King Jr. King was, as well, willing to suffer for his views to put an end to racial segregation, and was arrested on numerous occasions for holding strong in his believes and spreading his message throughout the minds of all God’s children. King often cited conscience as a guide to obeying just laws and disobeying unjust ones. In an essay written by King titled “A letter from Birmingham Jail,” King clearly defines the interpretation of the differerence between the two kinds of laws. “An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is a difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.” To further understand this King quotes from St. Augustine himself who once stated “any law that uplifts human personality is just.
In a democracy, people choose representatives to lead and govern. However, these representatives might take unpopular steps. In such instances, the people may show their disapproval of a policy and vent their grievances through acts of civil disobedience. Henry Thoreau said, “It is not desirable to cultivate a respect for the law, so much as for the right.” It is both the right and responsibility of a person to fight an unjust law, and civil disobedience allows one to convey his thoughts and ideas in a passive, nonviolent way.
Civil Disobedience is a paradox. Civility and disobedience diametrically oppose one another; civility implies politeness or a regard to the status quo while disobedience is a refusal to submit to the standard. When these words are coupled together, however, they compliment one another. The purpose of Civil Disobedience is to disregard the obligation of observing a law with the intention of highlighting a need for change. Morality, Religion, and Ethics often play into the decision to willingly break a law which creates more depth behind the practical meaning phrase, because those three tend to emphasize a respect for authority and integrity. When people break the law in the name of civility, they often are asking questions like, “What must I
Despite the belief that fighting with violence is effective, civil disobedience has been tried throughout history and been successful. Fighting violence with violence leaves no oppertunity for peace to work. By refusing to fight back violently, Martin Luther King Jr. took a race of people, taught them the value of their voice, and they earned the right to vote. Henry David Thoreau presented his doctrine that no man should cooperate with laws that are unjust, but, he must be willing to accept the punishment society sets for breaking those laws, and hundreds of years later, people are still inspired by his words. Mohandas K. Gandhi lead an entire country to its freedom, using only his morals and faith to guide him, as well as those who followed him, proving that one man can make a difference. Civil disobedience is the single tool that any person can use to fight for what they want, and they will be heard. After centuries of questioning it, it appears that the pen truly is mightier than the sword.
Sometimes civil disobedience can become violent as in the case in South Africa during the struggle to end apartied. It started out with passive resistance, but after years of struggling with no change, a violent group was formed and was willing to do anything to get the freedom they desired.
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