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As heard often in movies and other media, “Laws were made to be broken.” This holds true, especially when the law that is being broken is morally unjust and requires a citizen to disregard or act in an unjust manner to their fellow citizens. Any law that requires that kind of action is not beneficial to the common good of society, and creates a contrast between the “good citizen” part of a person and the “decent human being” part of a person. While it may seem that laws like this simply do not exist, they are all around us. They can easily be put into reality through a historical context.
The law put forth by Germany during the Nazi regime were emotionally and physically unjust, with little room for justification beyond the power of Adolf Hitler and his followers. These so called “laws” required citizens to report their fellow citizens as being Jewish so Hitler and his troops could remove them from society. The “decent human side” overwhelmingly prevailed over “good citizen” in this situation, and people defied Hitler. To act in such a way that was morally just and assist the Jewish refugees, citizens acted against the manmade law and kept in line with the rest of the world’s perception of natural law. Naturally, it seems that the only time it is acceptable to defy a manmade law is when such a law intrudes upon important and all-inclusive laws that concern foundational human rights. In the Nazi example, one could argue that disobeying Hitler’s law is justified on a theoretical basis because moral law always takes precedence over what might be constructed by a regime through the dangerous combination of hate and power. In the time of the Nazis, the act of obeying such laws would turn the obeying party into violators of human ri...
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...ot a completely isolated stain in the world’s history that demonstrates a pure and bold intrusion upon basic human nature and its rules. By disregarding basic liberties and enacting laws that don’t allow blacks to eat, sit and drink in the same place as whites, the laws created a constant cycle of injustice within the borders of America. While these laws were not as extreme or destructive as the genocide carried out by the Nazis, the still provide examples of how governments create our perception of morality. In turn, they continued on to create evidence of how disobeying said laws based on the “good human being” aspect of life is justified and most beneficial to society. The term “crime against humanity” is most commonly associated with grotesque war crimes, it is acceptable to apply it legally justified crimes and written code that disregard basic human liberties.
"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.
soldiers during the Jewish Holocaust, knew that the Nazi’s actions were inhumane and cruel; hence, he commanded his soldiers to not confiscate property from the Jews. Although the Nazi soldiers did not take valuables away from the Jews, they still dehumanized and exterminated the Jews, rega...
In the twenty century, the U.S society was in the period of tending to be a human base society. The laws in America were introduced to create a fair and regulated society for its citizens. The First and Fourteenth Amendment of Constitution granted that the U.S citizens have the freedom of speech. And the New York State had its law of Criminal Anarchy Act since 1902 for “organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means (n.p).” The citizen in the any state of the U.S should always both obey the state law and follow the national constitution. Otherwise, the citizen would get corresponding punishment for jail, community service or even death for most states. However, the case of Gitlow vs New York happened in 1925 that majorly argued about the U.S citizens’ guaranteed freedom of speech in the First Amendment of Constitution and the New York State’s Criminal Anarchy Act.
During the Holocaust, around six million Jews were murdered due to Hitler’s plan to rid Germany of “heterogeneous people” in Germany, as stated in the novel, Life and Death in the Third Reich by Peter Fritzsche. Shortly following a period of suffering, Hitler began leading Germany in 1930 to start the period of his rule, the Third Reich. Over time, his power and support from the country increased until he had full control over his people. Starting from saying “Heil Hitler!” the people of the German empire were cleverly forced into following Hitler through terror and threat. He had a group of leaders, the SS, who were Nazis that willingly took any task given, including the mass murder of millions of Jews due to his belief that they were enemies to Germany. German citizens were talked into participating or believing in the most extreme of things, like violent pogroms, deportations, attacks, and executions. Through the novel’s perspicacity of the Third Reich, readers can see how Hitler’s reign was a controversial time period summed up by courage, extremity, and most important of all, loyalty.
Every day, people are denied basic necessary human rights. One well known event that striped millions of these rights was the Holocaust, recounted in Elie Wiesel’s memoir, Night. As a result of the atrocities that occur all around the world, organizations have published declarations such as the United Nation’s Declaration of Human Rights. It is vital that the entitlement to all rights and freedoms without distinction of any kind, freedom of thought and religion, and the right to a standard of living adequate for health and well-being of themselves be guaranteed to everyone, as these three rights are crucial to the survival of all people and their identity.
On the word of Martin Luther King Jr., “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 of the community over its injustice, is in reality expressing the highest respect for the
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
Regulations have administrated human demeanor for hundreds of centuries, and in present-day, criminal laws are to standardize and occasionally preserve social order. By allocating which conducts are prohibited, they present comprehensible standards of actions, cautioning society about which actions will be or will not be held accountable for, depending on the degree of severity; it is also figurative in conveying a statement that the public objects to these particular deeds. The earliest identified account of written decrees dates back to the period of the Babylonian King Hammurabi, or what we now know today as Hammurabi’s Code, which instituted high principles of an individual’s actions and severe penalties to violators, inflicting consequences equivalent to that of their crimes. An additional early structure of written laws was the renowned Mosaic Law, like the Hammurabi’s Code, based on the rule of “an eye for an eye” (Realities and Challenges 99). The general public in the United States are directed by a great quantity of regulations from an array of foundations such as the federal, state, and local administrative institutes that concern everything from acquiring a license to drive to crime against person. Although the organization of laws in the U.S. is extensive, complex, and varied, it can, in fact, be more comprehensive when sorting American laws into two general groups: civil law and criminal law.
Botwinick writes in A History of the Holocaust, “The principle that resistance to evil was a moral duty did not exist for the vast majority of Germans. Not until the end of the war did men like Martin Niemoeller and Elie Wiesel arouse the world’s conscience to the realization that the bystander cannot escape guilt or shame” (pg. 45). In The Man in the High Castle, Philip K. Dick writes of a world where Niemoeller and Wiesel’s voices never would have surfaced and in which Germany not only never would have repented for the Holocaust, but would have prided itself upon it. Dick writes of a world where this detached and guiltless attitude prevails globally, a world where America clung on to its isolationist policies, where the Axis powers obtained world domination and effectively wiped Jews from the surface, forcing all resistance and culture to the underground and allowing for those in the 1960’s Nazi world to live without questioning the hate they were born into.
I believe that we must be morally justified in disobeying laws, which we find immoral. If we obey such laws then we simply break our own code of morality and make ourselves immoral by our own standards. Not only this, but it is interesting to note that recent history has shown, in the case of retrospective legislation regarding Nazi war crimes, that our moral justification for breaking the law may later be legally vindicated.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
The aim of this essay is to differentiate between law and morality, and to discuss whether there is an overlap between the two concepts. I will be making reference to theorists of both positive law and natural law, namely H. L. A Hart and Lon L. Fuller respectively and compare the two views on the above question. For the purpose of understanding, I will apply the two theories to the legal system in Nazi Germany.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
The holocaust attested that morality is adaptable in severe conditions. Traditional morality stopped to be contained by the barbed wires of the concentration camps. Inside the camps, prisoners were not dealt like humans and thus adapted animal-like behavior needed to survive. The “ordinary moral world” (86) Primo Levi refers in his autobiographical novel Se questo è un uomo (If This Is a Man or Survival in Auschwitz), stops to exist; the meanings and applications of words such as “good,” “evil,” “just,” and “unjust” begin to merge and the differences between these opposites turn vague. Continued existence in Auschwitz demanded abolition of one’s self-respect and human dignity. Vulnerability to unending dehumanization certainly directs one to be dehumanized, thrusting one to resort on mental, physical, and social adaptation to be able to preserve one’s life and personality. It is in this adaptation that the line distinguishing right and wrong starts to deform.
In international law, a crime against humanity is an act of persecution or any large scale atrocities against a "people," and it is the highest level of a criminal offense. Crimes against humanity have existed in international law for over half a century and are also evidenced in prosecutions before some national courts. There are controversies in the world today that surrounds the importance and value of human life. One of these controversies is the systematic killing of a mass amount of people that is known as genocide. The most egregious crime of all is genocide which also shares similarities with war crimes and crimes against humanity. Genocide targets a group of people and seek out to destroy them in whole. Genocide is included as one of the four core international crimes. The Penal Statue defines international crimes as the gravest crimes that threaten peace, security and well-being of the world and are of concern to the international community. (Natarajan 2014) In history, two of the unforgettable mass genocides were the annihilation of the Jewish population known as the Holocaust, and Tutsi population being killed in the Rwandan genocide.