When Is Breaking The Law Morally Justified?

The relationship between ethics and law is a complex one. While some people believe that following the law is synonymous with acting morally, this is not always the case. Ethics and law are distinct systems, each serving its own purpose and function. Laws are created by governing bodies and can be influenced by various factors, including greed and corruption, which may result in laws that are not necessarily morally just. On the other hand, moral decisions are made by individuals based on their personal beliefs, societal norms, and philosophical theories. As a result, there may be times when it is morally right to break the law.

Ethics and law are distinct systems

The relationship between ethics and law has been influenced by religious traditions, particularly in Western societies with Christian origins, where the laws of the state are seen as an extension of divine law. However, this view has been criticised as dangerous because it implies that state laws should be followed unconditionally, without questioning their moral basis.

It is crucial to examine laws critically as they can be influenced by various factors and may not always be morally right. Laws are created by fallible individuals who can make mistakes or be influenced by greed or corruption. As a result, laws can sometimes favour the rich and powerful at the expense of the poor and disadvantaged.

Actions can be morally right but illegal, and vice versa. For example, saving a child from running into a busy street by ignoring a red traffic light would be illegal but morally right. On the other hand, exploiting tax loopholes to reduce tax burdens may be legal but is generally considered immoral.

Individuals must make their own moral decisions, which is a fundamental part of being human. Philosopher Immanuel Kant's concept of moral autonomy asserts that human beings, as rational creatures, can make moral decisions independently, based on their ability to reason and distinguish right from wrong. Therefore, it can be morally right to break the law in certain situations, especially when the law itself is unjust or immoral.

Questioning and critically examining laws

The relationship between ethics and the law is complex. Ethics gives us rules to follow unconditionally, such as not stealing, being honest, and being loyal. On the other hand, laws are specific rules created by governing bodies like parliaments, which can be influenced by factors such as lobbyists or particular interest groups.

Consequently, it is crucial to distinguish between what is legal and what is moral. For example, tax loopholes are legal but can be used to reduce tax payments immorally. Similarly, some industries may legally pay their workers minimum wages, expecting long hours and harsh working conditions, which is considered unethical.

Additionally, certain actions may be both illegal and morally right. For instance, breaking a red traffic light to save a child's life or helping Jewish citizens in Nazi Germany, despite being illegal, would be considered morally right.

Therefore, individuals must make their own moral decisions, a fundamental part of being human, and not blindly follow laws without questioning their ethical basis.

Making individual moral decisions

It is important to recognise that laws are created by fallible people and are influenced by various factors, including personal beliefs, societal norms, and philosophical theories. As a result, laws can be unjust or immoral, and it may be morally right to break them. For example, in Nazi Germany, there were laws that deprived Jewish people of their basic human rights. Helping a Jewish citizen or providing medical treatment was forbidden by law, but these actions were not considered immoral. In such cases, following the law would be morally wrong.

Similarly, there are actions that are legal but immoral. For instance, companies may legally reduce their taxes by exploiting tax loopholes, but this behaviour is often considered immoral as companies have a moral obligation to contribute to the social security systems and public infrastructure of the countries in which they operate. Another example is the exploitation of labour in certain industries, where employers may legally pay minimum wages and expect long working hours, subjecting workers to harsh and inhumane conditions.

On the other hand, there are also situations where breaking the law may be necessary to uphold moral values. For example, imagine seeing a child about to run into a busy street while you are standing at a red traffic light. Ignoring the traffic light to save the child would be illegal, but it would be the morally right thing to do.

When faced with a moral dilemma, it is essential to consider the potential consequences of your actions and the underlying ethical principles involved. Are there universal moral laws or ethical theories that support your decision? What would be the impact of your actions on others and society as a whole? These are critical questions to ask when making individual moral decisions about whether to follow or break the law.

Laws influenced by religion

Religion has influenced laws throughout history, and this influence persists today. While laws and ethics are distinct systems, they are not entirely separate, and the interplay between them can be complex and contentious.

In the United States, the Constitution guarantees freedom of religion and prohibits the government from establishing an official religion or prohibiting the free exercise of any religion. This has allowed for a diverse range of religious practices in the country. However, critics argue that many laws continue to reflect the strong influence of Christianity, which was the dominant religion among the country's founders. For example, the outlawing of abortion and the controversy over gay marriage are issues that arise from Christian religious values. Similarly, both supporters and opponents of the death penalty cite passages from the Bible to defend their positions.

This religious influence on laws affects people of different faiths or no faith, raising the question of whether laws should be based on religion at all. Some argue that it is unfair for citizens to be required to follow laws based on values that conflict with their own beliefs. They advocate for finding more universal, secular standards for legislation, such as ethics that make sense to all citizens, rather than imposing the ethical values of a particular religion on everyone.

Additionally, the relationship between law and religion can be complex, as evidenced by cases where a country's laws conflict with an individual's religious beliefs. For example, in some Hindu communities, widows are expected to commit suicide by immolating themselves on their husband's funeral pyre. However, in countries like the United States, suicide is illegal, putting Hindu widows in a difficult position where they must choose between their religious beliefs and obeying the law.

While some argue for a complete separation of religion and law to ensure fairness and respect for religious freedom, others contend that finding universally accepted ethical standards to base laws on is challenging. Democracy, which allows citizens to elect leaders and shape laws, is often seen as a fair way to make laws. However, it also raises concerns about imposing the majority's values on those who disagree. Ultimately, in a diverse society, conflicts between personal religious beliefs and state laws are inevitable, and individuals may need to set aside their religious values to obey the laws of their country.

Laws influenced by fallible people

The law and ethics are distinct systems, each with its own purpose and function. Laws are made by fallible people and can be influenced by various factors, including lobbying, bribery, and corruption. As such, laws do not always align with moral principles, and individuals are called to make their own moral decisions, which is a fundamental part of being human. Therefore, it can be morally right, and even necessary, to break the law in certain situations.

Fallibility and the Law

The law is not always a reflection of ethical principles. In some cases, laws may be influenced by personal interests, lobbying, or corruption, resulting in legislation that favours certain groups over others. For example, tax laws may allow companies to exploit loopholes and reduce their tax burden, often at the expense of the wider community. Similarly, labour laws may permit employers to pay minimum wages and impose harsh working conditions, leading to sweatshop-like conditions in some industries. These laws, while legal, may be considered unethical as they fail to uphold the fair and humane treatment of individuals.

The Rule of Law

The concept of the "rule of law" is a key innovation in political philosophy to address the fallibility and potential abuse of power by government officials. It involves establishing written laws that apply to everyone, including those in positions of authority. This limits the arbitrary power of officials and provides predictability and clarity for citizens. Clear and consistently applied laws enable citizens to know in advance what actions are permitted and what actions may result in legal consequences.

Applying the Rule of Law Beyond Politics

The principles of the rule of law can be applied beyond the realm of politics. For example, online communities and forums can benefit from clear and consistently applied rules. Vague or inconsistently applied rules can lead to arbitrary moderation and power dynamics that mirror the very issues the rule of law seeks to address. By contrast, clear and transparent rules, combined with accountability and checks and balances, can help prevent abuse of power and promote fair and predictable decision-making.

Fallibility and Rationality

Fallibility is not limited to the realm of law and politics; it extends to our everyday thinking and decision-making. Recognising our fallibility can help us make more rational choices and mitigate the potential harm caused by our mistakes. This involves actively questioning our assumptions, seeking out diverse perspectives, and being open to criticism and self-correction. It also means designing systems and policies that constrain our power and help us manage our biases and irrationality.

In conclusion, laws are influenced by fallible people and do not always align with moral principles. As such, it is essential to question and critically examine laws and be prepared to make our own moral decisions, even if they contradict existing legislation. By recognising our fallibility and applying principles such as the rule of law, we can create more just and rational systems in various domains, from politics and law to online communities and personal decision-making.

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