Gavin Howe
The 'don't break the law' argument is a logical fallacy that can be applied to any situation. It is often used to dismiss criticism of a bad law or policy, with the response being: 'Just don't do it and you'll be fine'. This argument has been criticised for being a self-sufficient principle that asks for tyranny and for failing to acknowledge that legislation can be contra to constructive social norms.
| Characteristics | Values |
|---|---|
| Used to dismiss criticism of a bad law | Dismissing criticism of a bad law |
| A logical fallacy | Logical fallacy |
| One-size-fits-all "argument" | Can be applied to anything |
| Advice on how to handle the situation | "It's the law, what can you do about it?" |
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What You'll Learn
The law is there for a reason
However, it is important to scrutinise the means by which laws are enforced and the impact they have. Sometimes, laws can cause more harm than good and it is important to recognise this and push for change. For instance, in Florida, people were being arrested for feeding the homeless. This is an example of a law that goes against social norms and causes unnecessary harm.
It is also important to recognise that just because something is legal, does not make it morally right. Likewise, something that is illegal is not necessarily immoral. For example, in some places, it is illegal to be gay, but this does not make it wrong.
When considering whether to follow a law, it is important to think critically and recognise the potential consequences. While it may be possible to get away with breaking certain laws, this does not make it right. For instance, if someone puts a gun to your head and demands your wallet, it would be unwise to refuse and risk your life. However, this does not make the act of holding someone at gunpoint permissible.
Overall, while it is important to follow the law, it is also crucial to recognise that laws are not always perfect and can be changed for the better.
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You could get caught
For example, if someone is criticising the government for instituting a draconian policy, saying 'just don't do it and you'll be fine' doesn't address the issue of rights or the fact that the law may be bad or barely enforceable. It's a way of sidestepping the argument and saying 'it's the law, what can you do about it?'.
Similarly, if someone puts a gun to your head and demands your wallet, it would be stupid to say no and get killed. But no one would say that it's your own fault for dying without acknowledging that the gun to your head was impermissible.
The 'Don't break the law' argument also doesn't take into account the fact that sometimes more disorder results from favouring bad laws. For example, there have been cases of people being arrested for feeding the homeless.
So, while it's true that you could get caught if you break the law, that doesn't mean that the law is necessarily just or that you should avoid criticising it.
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It's not worth the risk
Firstly, this argument fails to acknowledge that laws are not always just or fair. There are numerous examples of laws that have been enacted by governments that are draconian, oppressive, or simply absurd. For instance, people have been arrested for feeding the homeless, which goes against basic human decency and compassion. In such cases, blindly following the law without questioning its morality or effectiveness can lead to unjust outcomes and a violation of fundamental rights.
Secondly, the "don't break the law" argument often relies on a fallacy of authority. It assumes that because something is legal, it is inherently right, and vice versa. However, this ignores the complex social, political, and ethical considerations that underpin legislation. Laws are created by humans, who are fallible and influenced by various biases and interests. Therefore, it is essential to scrutinise and challenge laws that may be misguided, outdated, or harmful.
Additionally, this argument fails to account for the reality that sometimes, breaking the law is a matter of survival or self-preservation. For example, if someone puts a gun to your head and demands your wallet, refusing to comply could result in your death. In such extreme circumstances, it would be unreasonable to expect someone to strictly adhere to the law, especially when their life is at stake.
Moreover, the "don't break the law" argument can lead to a culture of complacency and apathy towards social and political issues. It discourages active citizenship and engagement with the legal system. Laws are meant to serve and protect the public, and it is the responsibility of citizens to hold their governments accountable and ensure that legislation is fair, effective, and reflective of societal needs. By blindly following the law without question, individuals surrender their power to influence positive change and uphold justice.
Finally, it is important to recognise that laws are not static and can be changed. Challenging unjust or outdated laws is a critical aspect of a functioning democracy. By engaging in constructive criticism and advocating for reform, citizens can shape the legal landscape to better reflect their values and aspirations. This process of continuous improvement ensures that the law remains relevant, responsive, and aligned with the interests of the people it serves.
In conclusion, while the "don't break the law" argument may seem appealing on the surface, it is a simplistic and flawed approach that fails to address the complexities of law and society. It is essential to recognise that laws are not infallible, and sometimes, breaking the law may be a necessary act of resistance, self-preservation, or a catalyst for positive change. Therefore, rather than blindly following rules, individuals should exercise their critical thinking skills, engage with the legal system, and strive for a society that upholds justice, fairness, and the well-being of all its members.
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There are consequences
Firstly, it is important to recognise that laws are not always just or fair. There are numerous examples of draconian policies and laws that target and persecute marginalised communities. For instance, the recent arrests of people feeding the homeless in Florida highlight how laws can be used to uphold systemic injustices. In such cases, breaking the law may be a form of civil disobedience or a necessary act of survival.
Secondly, the "don't break the law" argument ignores the reality that not everyone has the same opportunities and privileges to abide by the law. Socio-economic factors, such as poverty, lack of access to education or employment, and systemic discrimination, can push individuals towards illegal activities as a means of survival.
Additionally, this argument fails to consider the potential consequences of following unjust or immoral laws. By blindly obeying the law, we risk perpetuating systems of oppression and injustice. As the saying goes, "all that is necessary for the triumph of evil is that good men do nothing".
Furthermore, the legal system is not infallible, and mistakes can be made. False accusations, wrongful convictions, and biased judicial processes are unfortunate realities that can have devastating consequences for individuals and communities. In such cases, breaking the law may be a result of standing up for what is right, even if it means going against the established legal framework.
Finally, it is important to recognise that laws are subject to change and evolution. What is considered illegal today may be legal in the future, and vice versa. Therefore, the "don't break the law" argument fails to acknowledge the dynamic nature of legislation and the potential for laws to be amended or repealed.
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It's not a victimless crime
Breaking the law is not a victimless crime. A victimless crime is generally an illegal criminal act that does not have an identifiable victim. It is an act that does not harm others, such as suicide, drug use, unemployment, gambling, or prostitution. However, the idea that there is no victim in these crimes is a matter of debate.
Many laws that criminalise harmless behaviour are based on opinions about morality. For example, in some countries, same-sex relationships are criminalised, as are consensual behaviours like drinking alcohol. These laws are not based on any harm caused to an individual or society, but rather on a moral judgement.
Furthermore, some crimes that are considered victimless can have indirect victims or harm society at large. For instance, tax evasion may not have a direct victim, but it affects the entire community by reducing the funds available for public services.
Finally, the argument that one should simply "not break the law" is a logical fallacy. It does not address the validity of the law itself or consider whether the law is just. As one source points out, "no person can really mean the phrase [don't break the law] in every sense, as what is legislation can be and often is contra to the constructive social norms he probably is really standing for."
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Frequently asked questions
The 'don't break the law' argument is a logical fallacy that is often used as a counterpoint to criticism of a bad law. It is a one-size-fits-all 'argument' that can be applied to anything. For example, "Don't want to be executed for being gay? Don't have gay sex".
The 'don't break the law' argument is considered stupid because it is not a valid argument against criticism of a law. Instead, it is just advice on how to handle the situation. It sidesteps the issue of rights and says "just don't mess up".
You can respond to the 'don't break the law' argument by pointing out that it is a logical fallacy and that it does not address the issue of whether the law is just or not. You can also bring up absurd or recent cases where the law has been unjustly applied. For example, people being arrested in Florida for feeding the homeless.
