Keith Mack
Breaking the law is generally considered unacceptable, but there are instances where it may be deemed acceptable or even necessary. This is particularly true in situations where the law is seen as unjust or immoral, and individuals or groups engage in civil disobedience to challenge and change the law. For example, Rosa Parks' famous refusal to give up her bus seat to a white passenger in 1955 was against the law but sparked a decade-long campaign against racial segregation. Similarly, climate campaigners who block roads to draw attention to the climate emergency or protesters who publicly burned their passbooks to protest against South Africa's apartheid regime may be breaking the law, but their actions are symbolic and intended to bring about positive change. The question of whether it is ever acceptable to break the law is a complex ethical debate that has been ongoing for centuries.
| Characteristics | Values |
|---|---|
| Strong moral conviction | Yes |
| Violation of law | Yes |
| Law is unjust | Yes |
| Law is immoral | Yes |
| Law protects the rich and disadvantages the poor | Yes |
| Law is influenced by factors such as greed and corruption | Yes |
| Law is not inspired by God or higher wisdom | Yes |
| Law is fallible | Yes |
| Law is not worthy of being obeyed unconditionally | Yes |
| Law is objectionable | Yes |
| Law is a matter of morality | Yes |
| Law is not ethics | Yes |
| Law is not morality | Yes |
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What You'll Learn
Civil disobedience in a democratic society
Civil disobedience has a long history in democratic societies, with a fundamental moral problem at its core: when, if ever, is it acceptable to break the law?
Firstly, it is important to note that civil disobedience is not a crime in democratic societies. When an agent who engages in civil disobedience is punished by the law, it is for the recognized offenses they commit, such as trespassing, damaging property, or disturbing the peace. Civil disobedience can take many forms, from sit-ins and boycotts to protests, marches, and demonstrations. In democratic regimes, civil disobedience can be an effective tool to correct injustices perpetrated by the majority.
The justification of civil disobedience articulates its role in society. Rather than undermining the rule of law, civil disobedience can strengthen the social and legal order and enhance justice and legitimacy. Thinkers like Rawls and Habermas view civil disobedience as a valuable component of the public political culture of a constitutional democratic society. Rawls argues that civil disobedience is a form of speech used by a well-defined minority to address the sense of justice of the majority. This view is supported by David Lewis Schaefer, who emphasizes the importance of Martin Luther King in his interpretation of Rawls's theory.
However, civil disobedience also raises questions, especially in undemocratic contexts, regarding its strategic value and tactical efficacy. For instance, disobedient protests in support of democracy may be justifiable under authoritarian rule, but they also raise questions about the justification of violent and forceful tactics.
In a democratic society, civil disobedience can be seen as a last resort when other avenues for addressing grievances have failed. When a government abuses its power, initial responses should include correspondence, complaints, petitions, and demonstrations. If these avenues do not succeed, civil disobedience may be justified, as seen in the case of Rosa Parks, who violated a city ordinance in Montgomery, Alabama, to protest racial segregation on public buses.
While civil disobedience involves breaking the law, it is important to distinguish between legal and moral rights. No society can give its citizens the legal right to break its laws, as this would undermine the very concept of law. However, in certain situations, individuals may have a moral right to break the law based on their strong moral convictions. This moral autonomy and freedom to decide for oneself are fundamental aspects of being human.
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Breaking immoral laws
The question of when it is acceptable to break the law has been a topic of debate for as long as laws have existed. While some argue that the rule of law must be respected and upheld in all circumstances, others contend that there are times when breaking the law can be morally justified.
One perspective holds that laws are not inherently moral or just, and that they are created by fallible and biased individuals or institutions. As a result, it can be argued that individuals have a duty to make their own moral decisions and question laws that may be unjust, discriminatory, or detrimental to the public good. In such cases, breaking immoral laws can be seen as a form of civil disobedience, a stance with a long history in the fight for social and political change. For example, acts of civil disobedience, such as the public burning of passbooks by Black South Africans during apartheid, helped to challenge and ultimately dismantle racist and oppressive laws. Similarly, Rosa Parks' refusal to give up her seat on a segregated bus in Alabama sparked a decade-long campaign against racial segregation in the United States.
However, the decision to break the law, even in the face of immoral legislation, is not without consequences. As philosopher A. Matthias points out, civil disobedience inherently involves the violation of the law, and those who engage in it must be willing to accept the legal repercussions of their actions. This creates a delicate situation, as seen during the civil rights protests of the 1960s, where political leaders may sympathize with the goals of demonstrators but cannot officially condone illegal actions.
Furthermore, the justification for breaking immoral laws relies on a subjective interpretation of morality. While some may view certain laws as immoral based on their personal beliefs or values, others may disagree, leading to conflicts and divisions within society. This subjectivity also raises the question of who has the authority to determine when a law is immoral and whether it is acceptable to break it.
In conclusion, while there may be times when breaking immoral laws can be seen as a necessary act of civil disobedience, it is a complex and controversial issue. Those who choose to engage in such acts must carefully weigh the potential consequences and understand that they are challenging established legal and social norms.
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Symbolic gestures to draw attention to unjust laws
Symbolic gestures are a form of non-verbal communication that uses bodily actions, such as hand movements, facial expressions, or other physical actions, to convey specific messages. They can be powerful tools to draw attention to unjust laws and spark social change. Here are some examples of symbolic gestures that have been used in the past to challenge and protest against unjust laws:
- The Raised Fist: This gesture, often associated with the Black Power movement, has been used as a symbol of strength, resistance, and solidarity. In 1968, Tommie Smith and John Carlos, Olympic medalists, raised their fists during the medal ceremony as the national anthem played, protesting racial injustice. Similarly, Nelson Mandela raised his fist upon his release from prison in 1990, signalling his resilience and the start of negotiations to end apartheid in South Africa.
- The Pink Triangle: Originally used as a badge of shame during the Nazi regime to identify gay prisoners, the pink triangle was later reclaimed by gay liberation groups in the 1970s as a symbol of solidarity and pride. It draws attention to historical and ongoing gay oppression and persecution.
- The 'Hands Up, Don't Shoot' Pose: This gesture has been widely used to protest against police brutality and systemic racism, particularly in the Black Lives Matter movement. It symbolizes resistance and the demand for an end to the unjust use of lethal force.
- The Circle-A Symbol: The letter "A" enclosed in a circle is a widely recognized symbol of anarchism, a philosophy that rejects hierarchy and advocates for collective self-organization. While anarchists emphasize the unimportance of symbols, this symbol has proven successful due to its universality and recognition across different languages.
- The Rainbow Flag: The rainbow flag is a key symbol of LGBTQIA+ rights and has been used to represent the diversity and inclusivity of the community. It has become so iconic that it has been adopted by other movements, such as the NHS, to show support and solidarity.
- The Finger Guns: While this gesture can have various meanings depending on the context, it has been used in protests and social movements to signify a threat of violence or a call for radical change.
These examples demonstrate how symbolic gestures can be powerful tools to draw attention to unjust laws and spark social change. They provide a visual language that transcends verbal communication and can unite people behind a common cause.
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Laws influenced by factors that protect the rich and powerful
Laws are not always morally right, and they can be influenced by factors that protect the rich and powerful. For instance, in the United States, there have been several instances where policies supported by the wealthy or powerful interest groups became law, despite being opposed by the majority. This is due to the influence of money in politics, with wealthy donors contributing billions to super-PACs to promote their preferred policies and gain favourable rulings from the Supreme Court.
The Supreme Court, contrary to its popular image, has often ruled in favour of the rich and powerful, such as in the 1973 decision allowing states to spend more money on children in wealthy school districts, perpetuating educational inequalities. The Court has also been complicit in reducing taxes for the wealthy while limiting class-action lawsuits, further protecting their interests.
The influence of money and powerful interest groups in shaping laws can lead to injustices and inequalities, particularly when these laws are enacted at the expense of the poor and disadvantaged. This can result in policies that favour the wealthy, such as tax cuts and the repeal of regulations, even when they are opposed by the majority of citizens.
In such cases, individuals may feel morally compelled to question and disobey these unjust laws. While breaking the law is generally unacceptable, there are situations where civil disobedience can be justified, especially when laws are immoral or fail to address societal inequalities. However, this disobedience must be carefully considered, weighing the consequences and ensuring that it serves a higher moral purpose, such as eliminating racial inequalities or standing against despotic regimes.
Ultimately, the influence of money and power in law-making can lead to injustices that individuals may feel morally obligated to challenge, even if it means breaking the law.
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Individual moral autonomy
The notion of individual moral autonomy is a cornerstone of the debate surrounding the acceptability of breaking the law. This concept asserts that individuals possess the moral agency to make their own ethical decisions, independent of legal frameworks. While laws provide a societal code of conduct, they do not always align with personal morality, and individuals may deem it necessary to break the law when faced with conflicting ethical beliefs.
The exercise of individual moral autonomy is exemplified in instances of civil disobedience, where individuals deliberately violate laws they deem unjust. This form of protest leverages law-breaking as a tool to challenge and seek change in oppressive or immoral laws. For example, during the civil rights movement in the United States, Rosa Parks' refusal to yield her bus seat to a white passenger broke segregation laws but sparked a broader campaign against racial discrimination. Similarly, in South Africa's apartheid regime, the majority Black population protested against passbook laws, which restricted their movement, by publicly burning their passbooks, despite this act being illegal.
The justification for civil disobedience lies in the belief that certain moral principles transcend legal codes. When a law is perceived as immoral or unjust, individuals may assert their moral autonomy by breaking it to defend higher ethical ideals. This stance acknowledges that laws are created by fallible humans and are subject to biases, errors, and the influence of special interest groups. Thus, unconditional obedience to such laws is questionable, and individuals may feel compelled to act according to their conscience, even if it means breaking the law.
However, the exercise of individual moral autonomy in breaking the law is not without complexities. While one's conscience may justify law-breaking, the very nature of civil disobedience invites legal consequences. Those who engage in civil disobedience often accept that they may face punishment, viewing it as a necessary cost of drawing attention to their cause. Moreover, the line between legitimate civil disobedience and unacceptable law-breaking is blurry. Distinguishing between situations where law-breaking is justified and those where it is not can be challenging, as it involves subjective evaluations of moral principles.
In conclusion, individual moral autonomy plays a pivotal role in navigating the complex terrain of law-breaking. While laws provide a framework for societal order, individuals possess the capacity for independent moral reasoning, which may lead them to defy those laws in pursuit of a higher ethical purpose. However, this autonomy also demands a thoughtful and judicious approach, weighing the potential consequences and the broader societal implications of such actions.
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Frequently asked questions
Civil disobedience is a non-violent breaking of a law that someone considers to be unjust. It is acceptable when a law is fundamentally immoral, such as in the case of racial segregation in the United States during the Civil Rights Movement. However, civil disobedience can never be justified in a democratic society because such a society provides its members with legal instruments for the redress of their grievances.
If a law is fundamentally immoral, it is acceptable to break it. For example, during South African apartheid, the Black majority were denied basic human rights and were subject to control by the government through the use of "passbooks". Many Blacks protested against the pass laws by publicly burning their passbooks, which was against the law.
Ethics gives us rules that we are supposed to follow unconditionally, without ever questioning them. However, laws are made by fallible people who can make mistakes or be influenced by greed or corruption. Therefore, it is important to critically examine laws as they are not necessarily morally right. In certain situations, it can be morally right, and even necessary, to break the law.
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