Cecily Zamora
Breaking the law is something that few people ever intend to do, but it is still a common occurrence. Some people may not even be aware that they are engaging in illegal activities, as laws vary by state and municipality. For example, prank calling may be considered a rite of passage for adolescents, but it can be illegal in certain areas, deemed as harassment or disorderly conduct. In addition, many people hold the view that breaking the law is acceptable if the crimes are minor. Speeding, for instance, is the most common crime, with nearly half of people admitting to driving over the speed limit. Other common illegal activities include illegal downloading of music, not cleaning up after one's dog, and illegally parking. While these acts may seem insignificant, they are still violations of the law. Furthermore, in certain situations, individuals may deliberately break the law to protest against what they perceive as a greater injustice, such as in the case of Rosa Parks during the Civil Rights Movement.
| Characteristics | Values |
|---|---|
| Laws that people may unknowingly break | Altering government documents, selling raw milk across state lines, driving with snow on your car, playing poker for money at home, copyright infringement, prank calling, using unsecured WiFi, littering, jaywalking, speeding, texting while driving, talking on the phone while driving, not wearing a seatbelt, underage drinking, smoking marijuana in a state where it is illegal, honking for reasons other than warning someone of danger, applying makeup while driving, having sex in public, illegally parking, taking illegal drugs, parking on double yellow lines, bicycling without lights after dark, not cleaning up after your dog, smoking in a public place, driving through a red light, stealing cable TV, not changing your address on your license, taking a child out of school without permission, carrying a weapon, throwing out mail belonging to previous tenants |
| Reasons for breaking the law | Civil disobedience, drawing attention to an issue |
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What You'll Learn
Civil disobedience
The concept of civil disobedience has been used by various prominent activists throughout history to fight against laws they deemed immoral or unjust. For example, in the 1950s and 1960s, Black people and their allies in the southern United States engaged in civil disobedience to protest racial segregation. They entered restaurants, bars, and other public places from which Black people were excluded by law. Their campaign achieved significant advances for African Americans.
Another example of civil disobedience is the 1920s Indian independence movement led by Mahatma Gandhi. Gandhi's philosophy of satyagraha emphasized nonviolent resistance to evil, drawing from both Eastern and Western thought. His doctrine was influenced by Percy Shelley's poem, "The Mask of Anarchy", which is considered one of the first modern statements of the principle of nonviolent protest.
Climate campaigners from Insulate Britain have also employed civil disobedience by staging protests that blocked exits on the M25. While some argue that they should have stayed within the law, the campaigners believe that the climate emergency poses an existential threat to humanity, justifying their actions.
The interpretation of civil disobedience is divided among activists, with some viewing it as a total philosophy of social change, while others see it as a tactic to be used when other means are unavailable. Critics of civil disobedience argue that it accepts the existing political structure, while others see it as a step towards anarchy and the breakdown of law and order.
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Morality of laws
The morality of laws is a complex and multifaceted issue that has been debated by legal and ethical scholars for centuries. While some argue that laws are inherently moral and necessary for maintaining social order, others contend that certain laws may be immoral or unjust, and breaking them can be justified in certain circumstances.
One perspective on the morality of laws is that they are necessary for maintaining social order and cohesion. This view, often referred to as legal positivism, holds that laws are socially constructed and that their primary function is to establish and enforce social norms and behaviours. From this perspective, breaking the law is generally seen as immoral because it undermines the social contract and can lead to chaos and instability. This idea is reflected in the notion that "the law is the law," and that respect for the rule of law is a fundamental basis of a civilised society.
However, this perspective has been challenged by those who argue that laws are not always moral or just. They contend that there are times when breaking the law may be ethically justified, such as when a law is considered immoral or unjust. For example, during the civil rights movement in the United States, African Americans and their allies engaged in acts of civil disobedience by breaking segregation laws that they believed were fundamentally immoral and discriminatory. Similarly, in South Africa under apartheid, the Black majority protested against passbook laws, which restricted their movement and denied them basic human rights. In both cases, breaking the law was seen as a necessary act of resistance against immoral and oppressive systems.
Additionally, it's important to recognise that laws can vary significantly across different jurisdictions, and what is considered legal in one place may be illegal in another. This variation in laws highlights the influence of cultural, social, and political factors in shaping legal systems. As a result, the morality of a particular law can be highly contextual and dependent on the specific values and beliefs of a society.
Furthermore, the distinction between legality and morality is crucial in understanding the complexity of the morality of laws. As legal philosopher H.L.A. Hart argued, just because something is legal does not necessarily make it moral, and vice versa. This perspective, known as Hart's "separability thesis," acknowledges that while laws can be influenced by moral considerations, they are not solely determined by morality. Instead, laws are shaped by a variety of factors, including social, political, and practical considerations.
In conclusion, the morality of laws is a nuanced and multifaceted issue that cannot be reduced to simple dichotomies of right and wrong. While laws play a crucial role in establishing social order, there are times when breaking the law may be ethically justified, particularly when a law is perceived as immoral or unjust. Ultimately, the morality of a law depends on a variety of factors, including cultural context, social values, and the potential consequences of upholding or breaking that law.
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Symbolic protest
One notable example of symbolic protest is the burning of passbooks by Black South Africans during the apartheid era. Despite the risk of breaking the law, protesters chose to publicly burn their passbooks, which were used by the government to control where Black people could work, live, and travel. This act of defiance sparked a decade-long campaign of civil disobedience against racial segregation in the southern states of the United States.
Another example of symbolic protest is the use of colours and symbols. The Black Lives Matter movement, for instance, has been associated with the colour black, with protesters often wearing black attire as a symbol of collective mourning and resistance. Similarly, the pro-democracy movement in Hong Kong has been associated with the colour yellow, as seen in the iconic Yellow Umbrella Movement. In addition, the 'Three Finger Salute' from the "Hunger Games" has been adopted by protesters in Myanmar and Thailand as a symbol of resistance against military dictatorship.
In some cases, symbolic protest may involve breaking the law to bring attention to an issue. For instance, climate campaigners from Insulate Britain staged protests by blocking exits on the M25, a major highway, to highlight the urgency of the climate crisis. While some may argue that protesters should stay within the law, others believe that civil disobedience is justified when facing an existential threat. These acts of symbolic protest, protected under the First Amendment in the United States, demonstrate the power of non-violent resistance and the importance of upholding fundamental human rights.
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Unawareness of illegality
Unawareness of the law does not necessarily preclude one from breaking it. In some cases, ignorance of the law is not considered a valid excuse for committing an illegal act. For example, in Japan, many people may use online casinos without knowing that it is illegal to do so. The police have taken action against several celebrities for participating in online gambling, who claimed that they were "unaware that it was illegal." However, the authorities continue to emphasize that using online casinos in Japan is a crime, and they are working to educate the public and prevent further illegal gambling.
Similarly, in the United States, there are several laws that people may unknowingly break. For instance, prank calling, which is a common pastime for adolescents, can be considered illegal in certain areas if it involves threatening remarks or repetitive calls, constituting harassment or disorderly conduct. Another example is the distribution of raw milk across state lines, which is a violation of federal law, despite some states permitting its sale within their borders. Additionally, playing poker or other gambling games at home may be illegal in some states, depending on the involvement of money and specific state regulations.
Furthermore, copyright infringement, also known as piracy, is a law that many people may unknowingly break. Downloading or sharing music, movies, games, or books without permission violates the item's copyright. In addition, jaywalking, or the failure to use a crosswalk or safely cross a street with heavy traffic, can result in varying consequences depending on the location, from fines to simply being frowned upon. Lastly, laws regarding the removal of snow from vehicles before driving vary across states, and several states have specific regulations against driving without first clearing accumulated snow from the car.
While it is important to stay informed about the laws and regulations in one's area, it is also worth noting that there are arguments for civil disobedience or breaking laws that are considered unjust. For example, during the campaign against racial segregation in the southern states of the United States, Black people and their allies intentionally broke laws by entering restaurants, bars, and other public places from which Black people were legally excluded. Their actions, though illegal, helped spark a decade-long campaign of civil disobedience and ultimately achieved significant advances for African Americans. Similarly, feminist campaigners in Ireland broke the law by importing contraceptives to protest the absurdity of the law, even though they could have faced legal consequences.
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State-specific laws
While it is important to follow the law, some state-specific laws in the US are broken more commonly than others. These laws are often unknowingly broken by individuals. For example, in the US, the use of unsecured WiFi (also known as piggybacking) is not illegal everywhere. However, even with permission from neighbours or businesses, it can still be considered illegal by internet service providers. Similarly, prank calling may be considered a rite of passage for some adolescents, but it can be deemed harassment or disorderly conduct if threatening remarks are made or if the calls are repetitive.
Another commonly broken law in the US is the failure to update one's driver's license when moving to a new state. This is illegal whether or not the individual owns a car. Additionally, littering is a common offence, with nearly half of all Americans having admitted to it in the past, cigarette butts being the most frequently dumped item. While the punishment for littering varies from a fine to jail time, depending on the state, it is still an offence in all states.
State laws in the US also vary when it comes to the possession and use of marijuana and cannabis products. While some states have slowly legalised the use of these substances, they remain criminal acts in others. Similarly, specific regulations for gambling differ based on location, and it is closely monitored. It is important to be aware of the laws in one's state before engaging in any gambling activities.
In terms of meal and rest breaks, while federal law in the US does not require employers to provide these breaks, some states have their own laws mandating them. For example, Oregon law requires employers to provide both meal and rest breaks, with employees entitled to a 30-minute meal break for every six hours worked. In contrast, Oklahoma defaults to federal law, which states that if an employer chooses to provide a meal break, it must be paid only if it lasts less than 20 minutes.
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Frequently asked questions
This is a complex ethical question that has been debated by philosophers for centuries. While some argue that the rule of law must be respected in a civilised society, others claim that there are times when breaking the law is necessary to uphold moral principles or eliminate injustices.
Some argue that it may be acceptable to break the law in certain situations, such as when a law is considered immoral or unjust, to preserve human life, or to eliminate inequalities and injustices. For example, civil disobedience movements like the Congress of Racial Equality and the campaign against racial segregation in the US broke the law to protest racial discrimination. Similarly, feminist campaigners in the Republic of Ireland broke the law by importing contraceptives to challenge the country's ban on contraception.
Yes, philosopher Immanuel Kant believed that moral autonomy is based on the idea that humans, as rational creatures, can make moral decisions independently. In other words, our ability to distinguish right from wrong and act accordingly is fundamentally human. This means that individuals must make their own moral decisions and that it can be morally right to break the law in certain situations.
Breaking the law can be a way to challenge existing laws and bring about change. For example, in a democracy, people have the right to express their protests and work for reform through legal channels. However, if these channels are ineffective or inaccessible, some may resort to civil disobedience or breaking the law to bring attention to their cause.
Breaking the law can have legal consequences, including punishment such as fines or imprisonment. It can also lead to social disorder and disrespect for the law. Additionally, there is a risk that breaking the law may not bring about the desired change and could potentially make the situation worse. It is important to carefully consider the potential risks and consequences before deciding to break the law.
