Kara Sears
Breaking the law is a fundamental moral problem that has been debated for centuries. While some argue that disobedience to the law can never be justified, others believe that there are certain situations in which breaking the law is morally right and even necessary. This is particularly true when laws are unjust, violate human rights, or protect the rich and powerful at the expense of the poor and disadvantaged. Historical figures like Gandhi and Martin Luther King Jr. have shown that breaking the law can sometimes lead to positive social change.
| Characteristics | Values |
|---|---|
| The law is iniquitous | If the law violates human rights and conscience, it may be justifiable to break it |
| The law is unjust | If the law protects the rich and wealthy at the cost of the poor and disadvantaged, it may be justifiable to break it |
| The law is immoral | If the law goes against your own moral code, it may be justifiable to break it |
| The law causes inequality | If the law causes inequality based on race, it may be justifiable to break it |
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What You'll Learn
Civil disobedience
Firstly, civil disobedience can be justified when a law is inherently unjust or violates human rights and conscience. For example, laws that perpetuate racial inequality or protect the interests of the wealthy at the expense of the disadvantaged can be considered morally wrong and may warrant civil disobedience.
Secondly, civil disobedience can be justified when there is a clear and compelling moral imperative to break the law, even if it carries hard consequences. This could include situations where an individual's life is at stake, such as stealing medication to save a dying family member. In such cases, while the act of breaking the law may be punishable, the punishment could be reduced as the action was driven by a higher purpose.
Additionally, civil disobedience can be a powerful tool for challenging and changing unjust laws. Historical figures like Gandhi and Martin Luther King Jr. provide notable examples of how civil disobedience can lead to positive social transformation. By breaking unjust laws and facing the consequences, they brought attention to the injustices of their time and inspired others to join their cause.
It is important to note that civil disobedience should be a carefully considered and non-violent approach to social change. While it may involve breaking the law, it does not condone violence or harm to others. The decision to engage in civil disobedience requires a thoughtful assessment of the situation, a weighing of the potential consequences, and a commitment to peaceful means of protest.
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Inequality and race
It is important to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. Laws can sometimes look like they protect the rich and the wealthy at the cost of the poor and disadvantaged. As such, it can be morally right, and even indicated, to break the law in certain situations.
Great leaders like Gandhi and Martin Luther King broke the law and changed the world for the better. Breaking the law is morally justifiable and acceptable when the law itself is iniquitous and if that law violates human rights and conscience. For example, it is right to break the law in order to eliminate inequalities based on race.
However, some argue that disobedience to the law can never be justified in any circumstances. This is because either every law that exists is a just law, or a greater wrong is always done by breaking the law. If this is true, then the signers of the Declaration of Independence, and those Germans who refused to carry out Hitler's orders, committed acts of injustice.
On the other hand, some laws are unjust and need to be removed. For example, in some societies, intercaste marriages and polygamy are not allowed, which can be seen as unjust. Most of the time, breaking these laws becomes a must, such as when a person is impecunious and their wife is dying because they cannot afford the drug to cure her. In this case, stealing the drug can be morally justified.
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Protecting the poor and disadvantaged
Breaking the law is a complex and nuanced issue, and while it may be morally justifiable in certain situations, it is not a decision to be taken lightly.
One situation in which breaking the law may be justifiable is when it is necessary to protect the poor and disadvantaged. For example, if a person is unable to afford life-saving medication for their spouse, stealing the medication could be morally justifiable, even if it is against the law. In such cases, the punishment for breaking the law could be reduced, as the act of 'stealing' was done for a greater purpose and a clear reason.
Similarly, if it is absolutely necessary to eliminate inequalities based on race, and the consequences have been properly weighed, breaking the law may be justifiable. This is because laws are not always morally right and can sometimes favour the rich and powerful at the expense of the poor and disadvantaged. As such, it is crucial for individuals to question and critically examine laws, making their own moral decisions where necessary.
Great leaders like Gandhi and Martin Luther King Jr. have shown that breaking the law can sometimes change the world for the better. However, it is important to remember that breaking the law should be a last resort and that there may be other, less extreme ways to achieve the same goal. For example, unjust laws can be removed slowly over time rather than through immediate protest and civil disobedience.
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Intercaste marriage
Historically, some forms of intercaste marriages have been dealt with more stringently than others. Hypergamy—marriage between a man of “higher” caste and woman of “lower” caste—has remained relatively acceptable, at least in India’s rural agrarian regions. This has never been the case with hypogamy—marriage between a man of a “lower” caste and woman of an “upper” caste—which is seen as a pollution of the bloodline and social standing.
In a society that remains deeply divided along caste and religious lines, the stakes are high for young men and women in India who dare to transgress the socially-defined boundaries of love and family alliance. Beyond these two particularly gory cases, there are innumerable others in which individuals who have chosen partners across religious and caste boundaries have been harassed, humiliated, excommunicated, and murdered.
Breaking the law is morally justifiable and acceptable when the law in itself is iniquitous and if that law violates human rights and conscience. Certainly, rules are established for us to follow but we as human beings should be able to differentiate right from wrong and, in case laws need to be violated for the right cause even with hard consequences, breaking the law can be justified; considering the situations and the purposes. Justification of the violation of laws depends on the situation, not on the rules and regulations.
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When the law is morally wrong
Breaking the law is a complex issue, and there are times when it can be morally justifiable to do so. One example is when a law is morally wrong or violates human rights and conscience. Great leaders like Gandhi and Martin Luther King Jr. broke the law and changed the world for the better.
It is crucial to question and critically examine laws as they can be influenced by various factors and are not always morally right. For instance, laws may favour the rich and wealthy at the expense of the poor and disadvantaged. In such cases, it may be morally right for individuals to make their own moral decisions and break the law in pursuit of what is right.
Another example is when a person's life is at stake, and breaking the law becomes a matter of survival. For instance, stealing medicine to save a dying wife, as mentioned in one source, can be morally justified, even if the punishment for theft remains necessary.
Additionally, it can be justifiable to break the law to eliminate racial inequalities, as long as the consequences have been properly considered.
While breaking the law should not be taken lightly, there are circumstances where it can be morally justifiable, especially when the law itself is unjust or violates fundamental human rights.
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Frequently asked questions
Yes, there are times when breaking the law is morally justifiable, such as when the law itself is unjust or violates human rights.
Throughout history, there have been instances where breaking the law has led to positive change, such as with Gandhi and Martin Luther King Jr. Civil disobedience in the United States during the civil rights movement is another example.
A person might feel the need to break the law when they believe it is morally right to do so, even if it goes against the established rules. For example, stealing to provide life-saving medication for a loved one.
Breaking the law, even for a justifiable reason, can still result in punishment. However, the punishment may be reduced if the reasons for breaking the law are considered justifiable, as in the case of stealing to save a life.
