King's Justification For Breaking Laws: A Complex Defense

how does king defend justify breaking some laws

In his Letter from a Birmingham Jail, Martin Luther King Jr. defended the idea that people have a moral responsibility to disobey unjust laws. He differentiated between just and unjust laws, stating that a just law is one that aligns with the moral law or the law of God, while an unjust law is one that is out of harmony with the moral law. King argued that people have a moral obligation to obey just laws and disobey unjust laws, even if it means accepting legal punishment for doing so. He believed that accepting the consequences of breaking an unjust law could help bring attention to the injustice and lead to changes in the law. King's views on civil disobedience were shaped by his commitment to nonviolence and his Christian faith, which taught him that suffering violence for witnessing against injustice is a moral duty.

Characteristics Values
Two types of laws Just and unjust
Just laws Man-made codes that square with the moral law or the law of God
Unjust laws Codes that are out of harmony with the moral law
Responsibility A moral responsibility to obey just laws and disobey unjust laws
Unjust laws No laws at all
Unjust application of law When a just law is used to preserve segregation and deny citizens the First Amendment privilege of peaceful assembly and peaceful protest

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King differentiates between just and unjust laws

In his "Letter from a Birmingham Jail", Martin Luther King Jr. differentiates between just and unjust laws. He writes that "a just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law."

King further explains that any law that uplifts human personality is just, whereas any law that degrades human personality is unjust. He gives the example of segregation statutes, which he deems unjust because they "distort the soul and damage the personality". Segregation, he argues, gives the segregator a false sense of superiority and the segregated a false sense of inferiority.

King also addresses the concern of advocating for breaking some laws while obeying others. He clarifies that there are two types of laws: just and unjust. He expresses his willingness to obey just laws and his moral responsibility to disobey unjust laws. He agrees with St. Augustine's statement that "an unjust law is no law at all".

King justifies civil disobedience by stating that one has a moral obligation to disobey unjust laws and that doing so openly, lovingly, and with a willingness to accept the penalty demonstrates the highest respect for the law. He emphasizes that evading or defying the law would lead to anarchy, which he does not advocate.

In summary, King differentiates between just and unjust laws by defining just laws as those aligned with moral or divine law and unjust laws as those that contradict moral principles. He emphasizes the responsibility to disobey unjust laws while upholding just ones, recognizing the potential for anarchy if laws are arbitrarily defied.

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King acknowledges the gravity of choosing to break the law

Martin Luther King Jr.'s "Letter from a Birmingham Jail" is a defence of civil disobedience, in which he acknowledges the gravity of choosing to break the law. He differentiates between just and unjust laws, stating that there is a moral responsibility to obey just laws and to disobey unjust laws. King defines a just law as one that "squares with the moral law or the law of God", and an unjust law as one that is "out of harmony with the moral law".

King acknowledges that choosing to break the law is not something to be taken lightly, and that it should be done openly, lovingly, and with a willingness to accept the penalty. He writes that "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 law".

King further emphasises the gravity of breaking the law by stating that civil disobedience must be exercised with caution and regret. He recognises that it may seem paradoxical to advocate for breaking some laws while obeying others, particularly given his diligent urging of people to obey the Supreme Court's decision to outlaw segregation in public schools. However, he justifies this apparent contradiction by arguing that segregation laws are inherently unjust and, therefore, have no legal or moral legitimacy.

King also addresses the concern that breaking laws, even unjust ones, could lead to anarchy. He distinguishes between evading or defying just laws, which could indeed lead to anarchy, and breaking unjust laws openly and with a willingness to accept the consequences. By doing the latter, individuals are expressing their respect for the rule of law while also standing up for their moral convictions.

In conclusion, while Martin Luther King Jr. defended the breaking of certain laws in the name of civil disobedience, he fully acknowledged the gravity of such actions. He emphasised the importance of differentiating between just and unjust laws, acting openly and lovingly, and being willing to accept the legal penalties for one's actions.

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King agrees that civil disobedience must be exercised with caution and regret

In his "Letter from a Birmingham Jail", Martin Luther King Jr. acknowledges that civil disobedience must be exercised with caution and regret. He differentiates between just and unjust laws, stating that there is a moral responsibility to obey just laws and a moral responsibility to disobey unjust laws.

King defines a just law as a "man-made code that squares with the moral law or the law of God", while an unjust law is "out of harmony with the moral law". He emphasizes that any law that uplifts human personality is just, whereas any law that degrades human personality is unjust. King provides examples of unjust laws, such as those that perpetuate segregation and deny citizens their First Amendment rights to peaceful assembly and protest.

While King advocates for breaking unjust laws, he does so with caution and a willingness to accept the legal consequences. He argues that breaking an unjust law openly, lovingly, and with acceptance of the penalty demonstrates respect for the rule of law and can help arouse the conscience of the community regarding the injustice of the law. This approach, he believes, can lead to meaningful change and advance the cause of justice.

King's stance on civil disobedience is deeply rooted in his Christian faith and commitment to nonviolence. He understands that choosing to break the law, even for a just cause, is a grave matter. By accepting the potential punishment, he demonstrates his altruistic motives and signals his respect for the rule of law. King's approach to civil disobedience was also influenced by the broader context of the civil rights movement and the need to confront the injustice of segregation.

In conclusion, King's defense of breaking some laws is nuanced and thoughtful. He acknowledges the gravity of civil disobedience and advocates for it to be exercised with caution and regret, coupled with a willingness to accept the legal consequences.

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King advocates for non-violence and accepting punishment

Martin Luther King Jr. advocated for non-violence and accepting punishment for breaking laws, but only when those laws were unjust. In his "Letter from Birmingham Jail," he wrote:

> One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that 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 law.

King differentiated between just and unjust laws, believing that people had a moral responsibility to obey just laws and a moral responsibility to disobey unjust laws. He defined a just law as one that "squares with the moral law or the law of God," and an unjust law as one that is "out of harmony with the moral law."

King's philosophy of nonviolence was inspired by Jesus Christ and Mahatma Gandhi. It was a courageous, active form of nonviolent resistance to evil, seeking to defeat injustice without targeting people. King believed that nonviolence was a way to transform society and create what he called the "Beloved Community," a world without poverty, racism, and militarism.

While King advocated for non-violence and accepting punishment in the context of the Civil Rights Movement, he did not favor absolute non-violence and did not believe that civil disobedience always required the acceptance of punishment. He opposed rioting and violence targeting innocent civilians, but his reasoning did imply a strong presumption against violence.

King's approach to non-violence and accepting punishment was largely tactical, aiming to sway public opinion in a democratic society. He believed that peaceful moral suasion was more effective than violence and less likely to harm innocent people.

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Martin Luther King Jr.'s "Letter from a Birmingham Jail" is a testament to his enduring legacy, demonstrating his commitment to nonviolence, his thirst for justice, and his belief in the solidarity of all humankind. In it, he differentiates between just and unjust laws, asserting that there is a moral responsibility to disobey unjust laws.

King's views on the law can be categorised into two groups: law as an obstacle and law as an opportunity. The former refers to racially discriminatory laws or racially neutral laws that segregationists used to target civil rights activists. The latter, on the other hand, encompasses laws that King and other civil rights activists sought to implement, such as school desegregation orders and non-discrimination requirements.

King recognised the significance of legal reform, but he also emphasised the necessity of organised social action to accompany it. He cautioned against solely relying on legal change, arguing that it was limited in its ability to transform hearts and minds. In his view, African Americans should not get entangled in "legalism" or "needless fights in lower courts", as this played into the hands of those who wanted to prolong the fight. Instead, he advocated for mass action and civil disobedience to local laws as a form of civil obedience to national laws.

King's time in jail exemplified his belief in the need for organised social action. He was arrested and jailed for leading a march against Birmingham's racial segregation system. While in solitary confinement, he responded to a statement by local clergymen condemning the march, agreeing that negotiation was preferable to protest but only if both parties were willing to come to the table. He emphasised that direct action was necessary to create a crisis that would inevitably lead to negotiation.

King's time in Birmingham Jail highlighted his belief in the power of organised social action alongside legal reform. He understood that legal change alone was insufficient to address the deep-rooted patterns of inequality. Therefore, he urged for mass action and civil disobedience to local laws, demonstrating his commitment to non-violent resistance and his recognition of the limits of legal reform in bringing about true societal change.

Frequently asked questions

A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law.

All segregation statutes are unjust because segregation distorts the soul and damages personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority.

King was arrested for parading without a permit. He explains that there is nothing wrong with an ordinance that requires a permit for a parade, but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.

King does not advocate evading or defying the law, as that would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty.

King's views towards the law can be divided into two categories: law as an obstacle to racial justice and law as an opportunity for advancing racial justice.

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