Gavin Howe
Breaking the law is generally considered unacceptable, but there are some circumstances in which it can be justified. Laws are designed to keep people safe, but they can sometimes be overcontrolling and even immoral. In these cases, it can be argued that breaking the law is not only acceptable but essential. This is particularly true when a higher moral law is being followed, such as the law of morality, or when a law contradicts itself.
| Characteristics | Values |
|---|---|
| Good intentions | It is acceptable to break the law if it is for a good cause |
| Morality | It is acceptable to break the law if it is immoral or contradicts a more important moral consideration |
| Safety | It is acceptable to break the law if it is to keep someone safe |
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What You'll Learn
Breaking the law to save a life
It is generally agreed that it is acceptable to break the law if it is for a good cause or to save a life. Laws are meant to keep people safe, but under certain conditions, they are over-controlling and need to be broken.
For example, driving over the speed limit to rush someone in critical condition to the hospital would be a time when breaking the law would be acceptable with the intention of saving a life. Driving illegally for someone's safety would also be acceptable if a woman is in labour and needs to get to the hospital as quickly as possible before she gives birth.
There are also times when it is morally right to break an unjust law. For instance, leaving water and food for people crossing the border illegally can be a matter of life and death for those walking hundreds of miles in dry, sweltering heat. Aid workers have a mission to protect human life and defend humanity in every way possible.
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Breaking an immoral law
It is generally agreed that it is not acceptable to break the law at all times. However, there are some circumstances in which it is justifiable to break the law. For example, if a law is morally wrong, it can be argued that there is a moral responsibility to disobey it. This was the case for The White Rose, a non-violent group in Nazi Germany who broke several laws to actively oppose Dictator Adolf Hitler’s regime, as their conscience told them that killing Jews was wrong and unjust.
It can also be argued that it is acceptable to break the law if it is for the greater good or to save a life. For example, driving over the speed limit to rush someone in critical condition to the hospital, or driving a woman in labour to the hospital as quickly as possible.
In these situations, the law can be seen as over-controlling, and it is beneficial or even life-saving to break it. However, it is important to note that breaking the law still carries consequences, and it should not be done lightly.
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Civil disobedience
It is generally not acceptable to break the law. However, there are some circumstances in which it is justifiable to do so. Laws are meant to keep people safe, but they can sometimes be over-controlling and need to be broken. For example, it is acceptable to break the law if it is for a good intention, such as saving a life.
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Laws that contradict themselves
It is generally not acceptable to break the law, but there are certain circumstances in which it may be justifiable. For example, if a law is immoral or contradicts a more important moral consideration, it may be considered acceptable to break it.
Laws are meant to keep people safe, but they can sometimes be over-controlling and need to be broken. An example of this is the juvenile justice system, which can wave a juvenile to adult court. In the US, there have been cases where the law has required two contradictory things: that the government spends money allocated by Congress, but also that it is forbidden to execute the mechanism that allows for this spending.
In logic, the law of non-contradiction (LNC) states that propositions cannot be both true and false at the same time. For example, the two propositions "the house is white" and "the house is not white" are mutually exclusive.
In cases of unavoidable contradiction, the more recent law typically wins. However, when it is a statute vs. the Constitution, the Constitution always wins as it is the "supreme law of the land".
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Breaking the law for good intentions
Breaking the law is generally unacceptable, but there are some circumstances in which it can be justified. Laws are meant to keep people safe, but they can sometimes be over-controlling and need to be broken.
For example, if a law is immoral, or if there is a more important moral consideration, it can be not only acceptable but essential to break it. The White Rose, a non-violent group in Nazi Germany, broke several laws to actively oppose Adolf Hitler's regime because their conscience told them that killing Jews was wrong and unjust.
Similarly, driving over the speed limit or recklessly to rush someone in critical condition to the hospital would be a time when breaking the law would be acceptable with the intention of saving a life.
However, it is not acceptable to break the law at all times. It should only be done if there is a greater moral law at stake or if it is for the greater good.
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Frequently asked questions
It can be moral to break the law in situations where the law is itself immoral, or when there is a more important moral consideration which supersedes the law.
Driving over the speed limit to rush someone in critical condition to the hospital or driving illegally for a woman in labour to get to the hospital.
Sometimes people break the law because of the greater law they follow: the law of morality. For example, The White Rose, a non-violent group in Nazi Germany, broke several laws and went for active opposition to Dictator Adolf Hitler’s regime since their conscience told them that killing Jews was wrong and that it was unjust.
Laws are meant to keep people safe, but under certain conditions, they can be overcontrolling, and they need to be broken. It can be beneficial or even life-saving at times to break the law, but it is not acceptable to break the law at all times.
