How Should Unjust Laws Be Broken?

by | Last updated on January 24, 2024

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POST: Martin Luther King’s “Letter from a Birmingham Jail” defends an odd position: You may morally break an unjust law IF you make no effort to evade the legal punishment for the unjust law you break. ... One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty .

Is it OK to break an unjust law?

Martin Luther King’s “Letter from a Birmingham Jail” defends an odd position: You may morally break an unjust law IF you make no effort to evade the legal punishment for the unjust law you break .

What is breaking an unjust law lovingly?

A law that is in harmony with the moral law. Why does king think that breaking an unjust law lovingly will be an expression of respect for the law. Because unjust laws are laws that hurt others and are unfair. Unjust laws or no law at all.

What does an unjust law is no law at all?

An unjust law is no law at all, in Latin Lex injusta non est lex, is an expression of natural law, acknowledging that authority is not legitimate unless it is good and right . It has become a standard legal maxim around the world.

What is an unjust law example?

An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. ... Examples include laws denying equal treatment to homosexuals .

Who originally said an unjust law is no law at all?

One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.”

What are unjust laws today?

Suspended Drivers Licenses . Excessive Mandatory Minimum Sentences. Wealth-Based Banishment That Outlaws Low-Income Housing. Private Probation Abuses.

How do you know if the law is unjust?

Any law that forbids transparency, and thereby attempts to compel, coerce or manipulate a responsible adults by withholding facts , OR any law that allows one person to control the actions of another (when those actions do no direct harm) is an unjust law.

What conditions make a law unjust?

An unjust law is a code that is out of harmony with the moral law ,” King responded. “One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” And he concluded the point, by invoking St.

What do you mean by unjust law?

An unjust law is a code that is out of harmony with the moral law . To put it in the terms of St. Thomas Aquinas : An unjust law is a human law

What makes a law unfair?

The modern American legal system is based on principles of both law and equity. What makes the legal system unfair in the United States is that persons of high socioeconomic status are able to purchase their way out of punishments and consequences . ... Due process is also central to the notion of fairness in the law.

Is every law just?

The Supreme Court has also held that the Rule of Law “must mean at least two things. ... So, laws must be created only in accordance with established and agreed upon procedures ; laws cannot be created arbitrarily and without warning to the public. Laws must be equally applied to both the law-makers and ordinary citizens.

What are some examples of laws in American history that would qualify as unjust?

  • Naturalization Act of 1790: Refused the granting of national citizenship to indentured servants, slaves, free Blacks and later Asians.
  • Fugitive Slave Act of 1793: Made it a crime to escape slavery and/or to harbor fugitive slaves.

How does Aquinas argue that unjust laws are not binding?

Aquinas does not intend to say that an unjust human law

What laws are broken the most?

  1. Underage Drinking. According to SADD (Students Against Destructive Decisions), about 26% of the under-21 crowd uses alcohol at least once a month. ...
  2. Littering. ...
  3. Smoking Marijuana. ...
  4. Jaywalking. ...
  5. Pirating music.

What are some unjust laws in today’s society that you consider unjust?

  • Money Bail. ...
  • Private Bail Companies. ...
  • Suspended Drivers Licenses. ...
  • Excessive Mandatory Minimum Sentences. ...
  • Wealth-Based Banishment That Outlaws Low-Income Housing. ...
  • Private Probation Abuses. ...
  • Parking Tickets to Debtors’ Prison. ...
  • Sex Offense Registration Laws.
Amira Khan
Author
Amira Khan
Amira Khan is a philosopher and scholar of religion with a Ph.D. in philosophy and theology. Amira's expertise includes the history of philosophy and religion, ethics, and the philosophy of science. She is passionate about helping readers navigate complex philosophical and religious concepts in a clear and accessible way.