Gavin Howe
Laws are rules that govern our society and are designed to maintain order and protect citizens. While most people abide by the law, there are times when individuals may feel that breaking a law is justified. This could be due to a variety of reasons, such as a belief that the law is unjust or a perception that breaking the law will result in a greater good. The question of when it is okay to break a law is a complex and controversial one, and it is important to consider the potential consequences and ethical implications of such actions.
| Characteristics | Values |
|---|---|
| Laws may feel unjust | |
| Laws may protect the rich and the wealthy at the cost of the poor and disadvantaged | |
| Laws are made by fallible people | People making laws can make mistakes, be greedy, corrupt, bribed, lobbied or serve their own interests |
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What You'll Learn
Civil disobedience
Sometimes laws may feel unjust, and it can be difficult to know when it is morally right to break the law. Some people argue that ethics and law are the same thing, and that following the law will ensure they are acting morally right. However, this is not always the case. For example, in some Islamic countries and in Orthodox Judaism, the idea that God's law and secular law are not separate is still found. In these cases, breaking a secular law may be seen as breaking a religious commandment, which could be considered morally wrong.
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Moral obligation
It is often argued that ethics and law are the same thing, and that following the law ensures that one is acting morally right. However, this view has been criticised as dangerous, as morality has an absolute claim to direct one's actions, whereas laws are made by fallible people and can be influenced by greed and corruption.
Some people believe that the laws of the state are an extension of the laws decreed by God, and that morality, religious commandments, and the laws of the state are all interconnected. This view is particularly prevalent in some Islamic countries and Orthodox Judaism.
However, others argue that laws can sometimes feel unjust, and that they may protect the rich and wealthy at the cost of the poor and disadvantaged. In such cases, it could be morally right for a good person to break the law in the pursuit of what they believe is right.
Ultimately, the decision to break the law is a complex and nuanced issue that involves a consideration of one's moral obligations, the potential consequences of one's actions, and the underlying principles and motivations behind the law in question.
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Self-defence
It is generally believed that it is okay to break the law if it is morally right to do so, or if the law is unjust. For example, if a law protects the rich and wealthy at the cost of the poor and disadvantaged, it may be considered morally right to break it.
However, it is important to note that the use of force in self-defence must be proportional to the threat. For example, if someone can avert a lethal threat by either killing their attacker or breaking their arm, it would be morally wrong to kill the attacker.
Additionally, the gravity of a rights violation may be influenced by the existence of special relationships. For instance, it may be considered a greater wrong to be harmed by a parent or police officer, who has a duty to protect, compared to a stranger. This could support a more permissive proportionality judgment.
Ultimately, individuals are called to make their own moral decisions, and it is a fundamental part of being human to question and critically examine laws. While laws provide a framework for ethical principles, they do not always align with morality, and it is up to individuals to decide what they consider permissible.
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Protecting others
It is generally agreed that ethics and morality are not the same as the law. Laws are made by fallible people, and can be influenced by greed and corruption. They can also be unjust, favouring the rich and powerful over the poor and disadvantaged.
Therefore, it may be morally right to break the law in order to protect others. For example, if a law is unjust and causes harm to a group of people, it could be ethical to break that law in order to protect those people from harm. This could include civil disobedience, such as protesting or refusing to obey the law, in order to bring attention to the injustice and seek a change in the law.
It is important to note that this does not mean that all laws can or should be broken. Laws are in place to maintain order and protect citizens. However, when laws fail to protect the most vulnerable, it may be necessary to take action to defend them.
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Protesting an unjust law
There are many reasons why someone might think it's okay to break a law. For example, laws are made by fallible people who can make mistakes, and sometimes laws may feel unjust or like they protect the rich and the wealthy at the cost of the poor and disadvantaged.
Some theorists defend a limited right to engage in civil disobedience, irrespective of a particular act's justification, given the general value of the practice. However, others argue that civil disobedients deserve the same punishment as others who breach the same laws, as any principle that officials may use to excuse justified illegal acts will result in some failures to punish unjustified acts.
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Frequently asked questions
It is okay to break a law when there are lives at stake and there is no other option.
It might be okay to break a law when you are willing to deal with the consequences.
If you are rich, you may be able to get away with breaking the law more easily, but it is still not okay to do so.
It might be acceptable to break a law if it is an unjust law, or if it contradicts your morals or ethics.
Breaking the law is still breaking the law, even if you don't get caught. However, some people might argue that it's not cheating if you don't get caught.
