Kara Sears
There are a number of laws that are morally just to break. For example, laws that are unjust or oppressive. Some laws may feel unjust, and individuals are called to make their own moral decisions, which is a fundamental part of being human. This idea has roots in the Christian tradition, which sees the laws of the state as an extension of the laws that God had decreed for his people. However, one has a moral responsibility to obey just laws.
| Characteristics | Values |
|---|---|
| Protects the rich and wealthy | Unjust |
| Oppresses the poor and disadvantaged | Unjust |
| Used as a tool for oppression | Unjust |
| Traps people in an artificial hell | Unjust |
| Creates discourse within the community | Ethically justified |
| Raises crime against women | Ethically justified |
| Enforces injustice | Unjust |
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What You'll Learn
Laws that protect the rich and powerful at the expense of the poor and disadvantaged
It can be morally right to break the law in certain situations. For example, laws that protect the rich and powerful at the expense of the poor and disadvantaged can be seen as unjust. These laws may create an artificial hell that traps people in a life of servitude.
While some argue that following the law ensures one is acting morally, others believe that unjust laws should not be enforced and can be justifiably broken. This is especially true when laws are used as a tool for oppression.
However, the decision to break the law is a complex ethical dilemma. While individuals have a moral responsibility to disobey unjust laws, there may be consequences to consider. For example, abolishing a law that protects women from crime may be ethically unjust, but its absence could also cause damage to society by raising crime rates.
Ultimately, individuals must make their own moral decisions, and sometimes this may involve breaking the law to pursue what is right.
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Laws that are unjust
Laws are created to formalise the ethical principles that society should follow. However, there are times when laws may feel unjust. This raises the question: is it morally right to break an unjust law?
Some argue that individuals have a moral responsibility to obey just laws and, conversely, to disobey unjust laws. An unjust law can be defined as one that is used as a tool for oppression. For example, a law that protects the rich and wealthy at the cost of the poor and disadvantaged could be considered unjust.
However, the matter is complicated by the potential consequences of breaking an unjust law. For instance, abolishing a law that enforces injustice may also cause damage to society in other ways. This could create a moral dilemma, where one must weigh the ethical imperative to challenge an unjust law against the potential negative impact of doing so.
Ultimately, the decision to break an unjust law is a personal moral choice. While some may argue that following the law ensures moral behaviour, others may feel compelled to act against unjust laws, even if it means breaking them.
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Laws that are used as a tool for oppression
One source argues that there is a moral responsibility to obey just laws, and a moral responsibility to disobey unjust laws. Any law that uplifts human personality is just.
Another source argues that there is no justification for punishment if the law itself is being used as a tool for oppression. Under the circumstances of unjust laws, people are already trapped in an artificial hell purposefully created to condemn them into a life of servitude.
Martin Luther King Jr. wrote about just and unjust laws in a letter to fellow clergymen from Birmingham City Jail in 1963. He argued that the absence of certain laws may cause damage to society, but that does not mean those laws are ethically just. For example, women not having suffrage is ethically unjust, but the absence of this law may create discourse within the community and raise crime against women due to cultural forces.
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Laws that are unethical
Laws are often seen as a formalisation of ethical principles, but this does not mean that all laws are ethical. There are several situations in which it may be morally just to break the law.
Firstly, laws that protect the rich and powerful at the expense of the poor and disadvantaged can be considered unjust. In such cases, breaking the law may be a way to challenge and change an unfair system. Similarly, laws that are used as tools for oppression or to trap people in a life of servitude are unethical and can be justifiably broken.
Additionally, some laws may be ethically just in theory but lead to negative consequences in practice. For example, a law that is intended to protect a certain group may end up causing other harm to society if it is abolished. In such cases, it can be challenging to determine whether breaking the law is morally justifiable.
It is important to note that the morality of law-breaking is a complex issue, and what may be considered justifiable in one context may not be in another. As individuals, we have a responsibility to make our own moral decisions and determine when it is necessary to challenge or disobey laws that are unethical or unjust.
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Laws that are not enforced
It is generally agreed that laws that are morally just to break are those that are unjust. This could include laws that protect the rich and the wealthy at the cost of the poor and disadvantaged.
However, it is important to note that the law is how society has formalised the ethical principles that we are supposed to follow. Therefore, just following the law will make sure that one is acting morally right.
That being said, there are laws that shouldn't be enforced and which can be justifiably broken. For example, if a law is being used as a tool for oppression, it may be morally just to break it. This is because such laws trap people in an artificial hell and condemn them to a life of servitude.
Additionally, abolishing certain laws could create discourse within a community and raise crime against certain groups due to cultural forces. In such cases, the law may be ethically justified as a means of protection, even if its absence may cause other damage to society.
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Frequently asked questions
Yes, it can be morally just to break the law in certain situations. For example, if a law is unjust or oppressive, it may be morally just to break it.
An example of an unjust law is one that protects the rich and wealthy at the expense of the poor and disadvantaged.
A law that enforces gender inequality may be morally just to break, even if abolishing the law could cause other damage to society.
