Keith Mack
In his Letter from Birmingham Jail, Dr. Martin Luther King Jr. addresses the paradox of advocating for breaking some laws while obeying others. He distinguishes between just and unjust laws, arguing that there is a moral responsibility to obey just laws while also having a duty to challenge and break unjust ones. King emphasizes that suppressing aspirations for freedom can lead to social tension and potential violence, underscoring the importance of nonviolent resistance in fighting unjust laws and societal oppression. This philosophy of civil disobedience, as seen in King's resistance to segregation laws, highlights the belief that breaking unjust laws openly and lovingly is an expression of respect for true law and justice.
| Characteristics | Values |
|---|---|
| Two types of laws | Just and unjust |
| Obeying just laws | Legal and moral responsibility |
| Breaking unjust laws | Moral responsibility |
| Example of unjust law | Segregation ordinances |
| Example of just law | 1954 Supreme Court decision outlawing segregation in public schools |
| Unjust law defined by St. Augustine | "An unjust law is no law at all." |
| Unjust law defined by St. Thomas Aquinas | "A human law that is not rooted in eternal law and natural law." |
| Just law defined by St. Thomas Aquinas | "Any law that uplifts human personality." |
| Unjust law defined by St. Thomas Aquinas | "Any law that degrades human personality." |
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What You'll Learn
There are two types of laws: just and unjust
The concept of advocating for breaking some laws while obeying others is based on the distinction between just and unjust laws. This idea has been articulated by Dr. Martin Luther King Jr. in his "Letter from Birmingham Jail", where he discusses the paradox of urging people to follow certain laws while consciously breaking others.
Dr. King asserts that there are two types of laws: just and unjust. He advocates for the obedience of just laws, stating that individuals have not only a legal but also a moral responsibility to uphold them. Just laws are those that align with moral or divine law and are considered ethically binding. On the other hand, unjust laws are deemed morally wrong and should be challenged or broken. According to Dr. King, people have a moral duty to disobey laws that are out of harmony with the moral law or degrade human personality.
The distinction between just and unjust laws is crucial in understanding civil disobedience. Dr. King emphasizes that breaking an unjust law should be done openly, lovingly, and with a willingness to accept the penalty. By doing so, individuals express their respect for the law while also advocating for change. This form of civil disobedience has a long history, including the example of Shadrach, Meshach, and Abednego refusing to obey the laws of Nebuchadnezzar due to a higher moral law.
Dr. King's own experiences with segregation laws, which he deemed unjust and damaging to human dignity, further illustrate his point. He believed that nonviolent protests and civil disobedience were essential tools in fighting against unjust laws and societal oppression. By advocating for the breaking of unjust laws, Dr. King highlighted the importance of upholding moral principles over legal ones in certain circumstances.
In summary, the idea of advocating for breaking some laws while obeying others is rooted in the belief that there are just and unjust laws. Individuals have a responsibility to follow just laws but also a duty to challenge and break unjust ones. This distinction, as outlined by Dr. King, provides a framework for civil disobedience and the pursuit of societal change while maintaining respect for the law.
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People have a moral responsibility to follow just laws
The notion that "all laws are created equal" is a myth. Laws are made by humans, and humans have a long history of discriminating against each other. Therefore, it is essential to distinguish between just and unjust laws.
A just law is a man-made code that aligns with the moral law or the law of God. It uplifts human personality and is, therefore, morally right. On the other hand, an unjust law is a code that contradicts the moral law. It degrades human personality and is morally wrong.
Additionally, following just laws helps maintain social order and cohesion. These laws are created to ensure fairness and equity, and by obeying them, individuals contribute to a society where everyone is treated equally and with dignity. Breaking just laws can disrupt this equilibrium and lead to social unrest and injustice.
Furthermore, upholding just laws is essential for personal integrity and ethical consistency. By following these laws, individuals demonstrate their commitment to moral principles and values. Breaking just laws can compromise one's integrity and lead to internal cognitive dissonance.
Finally, obeying just laws is a way to show solidarity with those who have been historically marginalised and discriminated against. By following these laws, individuals actively contribute to creating an inclusive and just society, where everyone has equal opportunities and protection under the law.
In conclusion, people have a moral responsibility to follow just laws. By doing so, they uphold the social contract, promote equality and justice, maintain social order, demonstrate personal integrity, and show solidarity with marginalised communities. Breaking just laws can lead to chaos, injustice, and a breakdown of the values that underpin a civilised society.
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People have a moral responsibility to disobey unjust laws
In his "Letter from Birmingham Jail," April 16, 1963, Dr. Martin Luther King Jr. famously wrote that "one has a moral responsibility to disobey unjust laws." This statement has been widely circulated and discussed, with many people agreeing with the sentiment.
The concept of civil disobedience, or the act of peacefully breaking laws that are perceived to be unjust, has a long history. King's letter was written in response to criticism of his nonviolent civil rights activism, which some saw as extremist. He argued that there is a crucial distinction between just and unjust laws, and that people have a duty to uphold the just while challenging the unjust.
King defined a just law as a "man-made code that squares with the moral law or the law of God," while an unjust law is one that is "out of harmony with the moral law." In other words, a law that upholds human dignity and equality is just, whereas a law that degrades or discriminates against any group of people is unjust.
King further elaborated on this idea by stating that an unjust law is one that a majority group compels a minority group to follow, but does not apply to itself. This is a key aspect of unjust laws, as they are often used to perpetuate systemic discrimination and oppression.
The notion of a "moral responsibility to disobey unjust laws" is particularly relevant in situations where following an unjust law would lead to harm or the perpetuation of injustice. For example, during the Holocaust in Nazi Germany, it was illegal to aid and comfort Jews. However, many people chose to break this law out of a sense of moral duty to protect their fellow human beings. Similarly, in the context of the Civil Rights Movement, King advocated for breaking segregation ordinances, as they were morally wrong and inflicted harm on a minority group.
In conclusion, the idea that "People have a moral responsibility to disobey unjust laws" is a powerful concept that has been used to justify civil disobedience in the face of discriminatory and harmful legislation. While it may seem paradoxical to advocate for breaking some laws while obeying others, this perspective emphasizes the distinction between just and unjust laws and the responsibility of individuals to uphold moral principles above legal codes that contradict them.
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Unjust laws are out of harmony with the moral law
In his "Letter from Birmingham Jail", written in 1963, Dr. Martin Luther King Jr. discusses the concept of unjust laws and how they are out of harmony with moral law. According to King, there are two types of laws: just and unjust. He states that individuals have a moral responsibility to obey just laws, which are in line with moral principles, and to disobey unjust laws, which contradict these principles.
King defines a just law as a man-made code that aligns with the moral law or the law of God. In other words, a just law is one that uplifts human personality and enhances human dignity. He argues that any law that perpetuates discrimination, oppression, or inequality, even if legally enacted, is unjust. King emphasizes that laws harming human dignity, particularly when imposed by a majority on a minority without fair representation, are out of harmony with moral law and, therefore, unjust.
An example of unjust laws that King references is the segregation laws in the United States, which enforced racial separation and denied African Americans their fundamental rights. He asserts that individuals who break unjust laws must do so openly, lovingly, and with a willingness to accept the penalty. By breaking these laws, individuals are expressing their respect for a higher moral law that transcends any specific legal system.
King's perspective on unjust laws is deeply rooted in his beliefs about justice and morality. He was influenced by the natural law tradition, which posits that human-made laws should reflect a higher moral law. This tradition suggests that the validity and authority of human laws come from their accordance with this higher moral standard. King's ideas on unjust laws being out of harmony with moral law are also supported by philosophical thinkers like Saint Augustine, who stated, "an unjust law is no law at all."
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Civil disobedience is an expression of the highest respect for the law
The notion of civil disobedience has been a topic of philosophical debate for centuries, with thinkers such as Cicero, Thomas Aquinas, John Locke, Thomas Jefferson, and Henry David Thoreau exploring its implications. Civil disobedience can be defined as the refusal of a citizen to obey certain laws, demands, or commands of a government or authority. While it involves breaking the law, civil disobedience is not a rejection of the system as a whole but rather a symbolic or ritualistic violation.
The idea that "civil disobedience is an expression of the highest respect for the law" is a complex one. On the one hand, civil disobedience involves deliberately breaking the law, which might seem like a sign of disrespect. However, proponents of civil disobedience argue that it is grounded in a deep respect for the rule of law and a commitment to justice.
In his "Letter from Birmingham Jail", Dr. Martin Luther King Jr. articulated this tension. He acknowledged the concern that advocating for breaking some laws while obeying others might seem paradoxical. King's response was to distinguish between just and unjust laws. He argued that individuals have a moral responsibility to obey just laws but also a moral responsibility to disobey unjust laws. By participating in civil disobedience against unjust laws, individuals demonstrate their respect for the underlying principles of the legal system and their commitment to justice.
This perspective aligns with the view expressed by St. Augustine that "an unjust law is no law at all." In other words, a law that contradicts moral principles cannot rightfully demand obedience. By breaking an unjust law, individuals are not expressing contempt for the law but rather their commitment to a higher moral law. This perspective is further supported by the idea that civil disobedience often involves a willingness to accept the legal consequences of one's actions, demonstrating a respect for the rule of law even while disagreeing with specific laws.
Civil disobedience has been employed by various activists and movements throughout history, including American women's suffrage leader Susan B. Anthony, Egyptian nationalist Saad Zaghloul, and Indian nationalist Mahatma Gandhi. These individuals and groups engaged in civil disobedience as a means of challenging unjust laws and advocating for social change while expressing their respect for the underlying principles of the law.
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Frequently asked questions
There are two types of laws: just and unjust. While there is a moral responsibility to obey just laws, there is also a moral responsibility to disobey unjust laws. An unjust law is a code that a majority inflicts on a minority that is not binding on itself. A just law is a man-made code that squares with the moral law or the law of God.
An example of an unjust law is any law that degrades human personality. For instance, segregation laws.
One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty.
