Gavin Howe
It is a commonly held view that it is morally right to follow the law, as it is how society has formalised ethical principles. However, there are some situations in which it may be morally right to break the law. For example, if a law feels unjust or if it protects the rich and wealthy at the expense of the poor and disadvantaged. Interestingly, more than half of people surveyed believe that it is 'OK' to break the law if the crimes are minor.
| Characteristics | Values |
|---|---|
| When there are lives at stake | If the situation absolutely demands it and there is nothing else that can be done |
| When your morals say you should | If you have good morals |
| When you're willing to deal with the consequences | N/A |
| When the law is unjust | If the law protects the rich and wealthy at the cost of the poor and disadvantaged |
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What You'll Learn
When laws are influenced by factors that are not morally right
Laws are not always the same as ethics, and it can be morally right to break the law in certain situations. For example, if lives are at stake and there is nothing else that can be done, or if a law feels unjust and protects the rich and wealthy at the expense of the poor and disadvantaged.
Moral autonomy and the freedom to decide for oneself are fundamental parts of being human. No law can take this away. Individuals are called to make their own moral decisions, and sometimes a good person might need to break the law in pursuit of what is right.
For example, in many countries, it is legal to break into a place if doing so will shelter you from potentially deadly situations. Lost hikers or campers may break into a vacation home or cabin to escape bad weather and contact help.
However, breaking the law always comes with consequences, and it is important to be willing to accept these.
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When a law feels unjust
It is crucial to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. For example, some laws may look like they protect the rich and the wealthy at the cost of the poor and disadvantaged.
Individuals are called to make their own moral decisions, which is a fundamental part of being human. Therefore, it can be morally right, and even indicated, to break the law in certain situations.
However, it is important to note that ethics and law are not the same. While the law is meant to formalise ethical principles, it is not always the case that following the law will ensure one is acting morally right.
Interestingly, more than one-third of people are not bothered at all that they break the law. A poll found that 20% of people surveyed don't believe what they do is illegal because "everyone else does it". Additionally, 58% view breaking the law as "OK" if the crimes are minor.
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When a law protects the rich and wealthy at the cost of the poor and disadvantaged
It can be morally right to break the law in certain situations, for example, when lives are at stake and there is nothing else that can be done. Laws are not always morally right and can sometimes be influenced by various factors, such as the protection of the rich and powerful at the cost of the poor and disadvantaged.
The rich and powerful are able to afford better lawyers than the poor, and they are treated with more deference by judges. This has resulted in a two-tiered system of justice in which those with political and financial power are virtually immune from prosecution, while the poor are imprisoned with ease. The wealthy also have more political power due to campaign contributions, lobbying efforts, and the likelihood of voting. This results in the government attending more closely to the interests of the rich, while the poor are placed in a more vulnerable position.
The U.S. legal system has been criticised for allowing the wealthy to routinely break the law with no legal repercussions, while the poor are imprisoned. This has fundamentally changed our views of fairness and justice.
While it may be morally right to break the law in some situations, it is important to consider the consequences.
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When a crime is considered minor
There is no definitive answer to when it is okay to break the law. However, 58% of people surveyed view breaking the law as "OK" if the crimes are minor. Laws can be influenced by various factors and are not necessarily morally right, so it can be morally right to break the law in certain situations. For example, laws may protect the rich and wealthy at the cost of the poor and disadvantaged.
In the United States, a minor is generally defined as a person under the age of 18. In Italy, a minor is a person under the age of 18 who may not vote, be elected, obtain a driving licence or issue or sign legal instruments. In the US, minors who commit crimes are usually tried in juvenile court and may be afforded special protections, such as having a parent or guardian present during police questioning or having their names kept confidential. In Italy, crimes committed by minors are also tried in a juvenile court.
In some cases, a minor could be moved out of juvenile court to be tried as an adult, depending on how serious the offence is. Minors aged 16 or 17 who are charged with extremely heinous crimes could sometimes be treated as an adult. There are two types of delinquent acts: status offences, which are not considered crimes if they involve an adult, and delinquent acts that are also considered crimes when they involve an adult. Status offences include alcohol possession, truancy or violating local curfews.
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When everyone else is doing it
It is not always the case that 'everyone else is doing it' when it comes to breaking the law. In fact, a survey found that 58% of people view breaking the law as 'OK' if the crimes are minor, while 20% of people surveyed don't believe what they do is illegal because 'everyone else does it'. This suggests that people's views on when it is acceptable to break the law are influenced by a range of factors, including the perceived seriousness of the crime and the behaviour of those around them.
However, it is important to remember that ethics and law are not the same thing. Just because a law exists does not necessarily mean that it is morally right, and individuals are called upon to make their own moral decisions. For example, a law may appear to protect the rich at the expense of the poor and disadvantaged, or it may simply feel unjust. In such cases, it could be argued that a good person might need to break the law in pursuit of what they believe to be right.
On the other hand, it could be argued that breaking the law, even if it is seen as minor, can have negative consequences. For instance, if a person is caught breaking the law, they may face legal repercussions such as fines or jail time, regardless of whether they believe their actions to be morally justifiable.
Ultimately, the decision to break the law is a complex and personal one that involves weighing up a variety of factors, including one's own moral compass, the potential consequences, and the impact on others.
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Frequently asked questions
It is crucial to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. Therefore, it can be morally right, and even indicated, to break the law in certain situations.
A survey found that 20% of people don't believe what they do is illegal because "everyone else does it". A total of 58% view breaking the law as "OK" if the crimes are minor. More than one third of people are not bothered at all that they break the law.
Some people believe that ethics and the law are the same thing, and that following the law ensures that they are acting morally right. However, others believe that ethics and law are not the same, and that it is important to question and critically examine laws.
Individuals are called to make their own moral decisions, which is a fundamental part of being human. Therefore, if you think a law is unjust, it may be morally right, and even indicated, to break the law in certain situations.
