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Henry David Thoreau explains why unjust laws should not be obeyed
Philosophy of martin luther king
Civil obedience thoreau summary
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"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.
The idea of challenging an unreasonable law is central to both King, Jr.'s and Thoreau's plights, though each have very distinct characteristics unique to themselves. In King, Jr.'s case, he saw segregation and racial discrimination as mistakes on the part of the government and he set out to make substantial changes to the status quo. In doing so, he acted upon Thoreau's concept that every person retains the right to judge civil laws for decency and credibility. "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws," (Birmingham Jail 82). Should one find the law to be in the best interest of each individual as well as society as a whole, he should abide by it and make every effort to live by its standard. But reversely, should the law be found guilty of evil intentions and causing more harm than good, it is the duty of every person under that law to disregard it and make an attempt "to wash his hands of it, and, if he gives it no thought longer, not to give it practically his support," (Disobedience 6).
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...Jr. by making himself a moving target.
Although King, Jr. took many steps beyond Thoreau's advocacies of civil disobedience, his actions rang true to the central theme of standing powerfully, and non-violently, against an unjust system of government. Both advocated disconnecting oneself from social law as to better follow the divine laws set forth by God, and despite the great diversity in which each man carried out his beliefs, the underlying fact still remains: "we cannot, by total reliance on law, escape the duty to judge right and wrong" (Alexander Bickel), the distinction between just and unjust rests on the shoulders of mankind and it remains the duty of each individual to act accordingly.
BIBLIOGRAPHY
1. WALDEN by Henry David Thoreau
2. CIVIL DISOBEDIENCE by Henry David Thoreau
3. LETTER FROM A BIRMINGHAM JAIL by Martin Luther King Jr.
King insist that all of the laws ought to reflect the societal moral concerns. In this particular letter, he is making that point in the most explicit manner. He touches on sameness and equivocally states that the law is a form that expression of morality. For instance, he says that separation is a sin yet the law encourages it, and that laws itself is not only unjust, but also sinful. Dr. King also makes a number of dissections which bring out the good quality any legal mind must possess.
Though Henry David Thoreau lived more than one hundred years before the time of Martin Luther King Jr., his philosophy lingered in the minds of many individuals. Thoreau was opposed to injustice in general and refused to support or to follow the unjust laws. His idealism and anarchism influenced the thinking of King. Douglass' narrative shows how his thinking would have been similar to that of Thoreau's.
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.
King viewed civil disobedience as an obligation if laws were unjust, especially if the proponents of the unjust laws were not willing to negotiate as well as compromise the laws and situations. King states “You are quite right in calling for negotiation.
on ways to be civil but disobedient, they have opposite ways of convicing you. Dr.
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.
In 1848, David Thoreau addressed and lectured civil disobedience to the Concord Lyceum in response to his jail time related to his protest of slavery and the Mexican War. In his lecture, Thoreau expresses in the beginning “That government is best which governs least,” which sets the topic for the rest of the lecture, and is arguably the overall theme of his speech. He chastises American institutions and policies, attempting to expand his views to others. In addition, he advances his views to his audience by way of urgency, analyzing the misdeeds of the government while stressing the time-critical importance of civil disobedience. Thoreau addresses civil disobedience to apprise the people the need for a civil protest to the unjust laws created
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.
When you look at today’s government, it is viewed that everyone will be treated equally and decisions will be made in the best interest of the people. But when thinking about the government of the past, one must ask if these same views were expressed by the people of that time? Did everyone fill that they were apart of a just system? According to Frederick Douglass and Henry David Thoreau the answer to that question is no. The government was unjust because so many followed the wrong doings of the law rather than doing what was right, subjected African Americans to harsher punishments
In the great era of foundational philosophers, two stand out, Plato and Thoreau. Each had their own opinion on various topics, especially on civil disobedience. Plato’s life span was approximately 428-348 BC. Plato wrote numerous works throughout his lifetime, however we will be focusing on one, the Crito. Thoreau’s life span was 1817-1862. To help us determine what civil disobedience means to both of these philosophers we will first look at a general definition. According to Merriam-Webster civil disobedience is defined as “refusal to obey governmental demands or commands especially as a nonviolent and usually collective means of forcing concessions from the government.” This definition will act as a springboard to compare and contrast both of their thoughts on the topic. We will determine, according to Plato and Thoreau, when we are called to engage in civil disobedience and when the moral parameters of civil disobedience are pushed too far.
Thoreau and Socrates start Civil Disobedience and Crito with basically the same premise. They both believe that humans are essentially moral beings. Thoreau says that people if left to their own ends will act justly, and should be treated accordingly by the law. Socrates says essentially the same thing, he says that "no one wants to commit injustice" for its own sake, many people end up doing so anyway. Socrates says that the citizens of a government have entered into an agreement to abide by its laws in exchange for protection. He also says that if one believes these laws to be unjust, one can always leave, but if one agrees to abide by the laws they have a duty to be subjected to punishment if they break these laws. Thoreau on the other hand says that it is the duty of the people not to abide by a law if they perceive it to be unjust, and if they claim to be opposed to it and nevertheless abide by it, they are a hypocrite.
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.
Dr. King’s reply to concerns of his willingness to selectively obey and disobey laws can be summed up in his words, “there are just laws, and there are unjust laws” (3). Expounding upon this, King explains that for a law to be inherently just, it must be inherently moral, and conversely, an unjust law is not in accord with the laws of morality. He elaborates by emphatically regarding segregation laws as immoral, and therefore unjust, because, in its allowance of exalting one ‘race,’...
know it by experience, and be able to give a true account of it in my
...y, and also fidelity to the law. Acts of civil disobediences are aimed to defend principles of justice. In King’s case he aims to persuade the local government and the businesses to comply with desegregation laws. It was important for him to communicate fidelity to the law. You should lovingly break a law, because your reason behind protesting to to achieve what you see as a higher good. You are not directly hurting the people. King’s argument ultimately is you can break the law to make the law more just. You are attempting to break the law to show that the law is unjust, and it is an act of saying that the law can be made better than it is now. He’s gathered his facts and understanding of the law, it is 100% clear there’s a problem. For civil disobedience to be justified a real injustice must exist, or else it wouldn’t addresses a sense of justice of the majority.