Gavin Howe
There are many situations in which people break the law, from minor infractions to major crimes. But when is it ever okay to break the law? Some people believe that it is acceptable to break the law if the crime is minor, or if everyone else is doing it. However, this is not always the case, and it is important to question and critically examine laws as they can be influenced by various factors and are not always morally right. For example, in the 1950s and 1960s, it was legal for Black people in the United States to vote, but in practice, there were measures in place to prevent them from doing so. In this case, breaking the law to campaign against racial segregation may have been morally right, even if it was illegal. So, is it ever okay to break the law?
| Characteristics | Values |
|---|---|
| To save a life | Jumping a red light to save a child from running into a busy street |
| To fight an injustice | Campaigning against racial segregation in the US in the 1950s and 1960s |
| To pursue what is right | Fighting laws that protect the rich and the wealthy at the cost of the poor and disadvantaged |
| To commit a minor crime | 58% of people view breaking the law as "OK" if the crimes are minor |
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What You'll Learn
When breaking the law is morally right
Breaking the law is morally right when the law is unjust. For example, in the United States in the 1950s and 1960s, there were measures in place to prevent Black people from voting or engaging in political activity. Campaigning lawfully against racial segregation would have been pointless and the injustice of the laws would have remained.
Similarly, in the Republic of Ireland in 1971, it was a democratic country where every adult was allowed to vote. However, it was also a country where it was against the law to possess or use any form of contraception, in line with the Catholic Church's teaching.
In some cases, breaking the law can be morally right when it is done to protect someone else. For example, if a child was about to run out onto a busy street, it would be morally right to ignore a red traffic light and jump across the street to save the child, even though it would be illegal.
It's also important to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. Individuals are called to make their own moral decisions, which is a fundamental part of being human. Sometimes laws may feel unjust or like they protect the rich and wealthy at the cost of the poor and disadvantaged. So, is it true that sometimes a good person might need to break the law in the pursuit of what's right?
It's worth noting that while some people may view breaking the law as "OK" if the crimes are minor, this excuse is unlikely to hold up in court.
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When a law is unjust
It is important to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. For example, in the 1950s and 1960s, there were measures in place in many southern states in the US to prevent Black people from voting or engaging in political activity. In this case, campaigning lawfully against racial segregation would have been pointless and the manifest injustice of the laws would have remained.
There are many examples of laws that are unjust, and it is up to individuals to make their own moral decisions about whether to obey them. For instance, in the Republic of Ireland in 1971, it was against the law to possess or use any form of contraception, in line with the Catholic Church's teaching. However, this law was clearly unjust as it infringed on people's personal freedom and autonomy.
Sometimes, laws may feel unjust because they protect the rich and wealthy at the cost of the poor and disadvantaged. In these cases, it can be morally right, and even indicated, to break the law in pursuit of what is right. For example, in his famous letter from Birmingham Jail, Martin Luther King, Jr. referred to both Augustine and Aquinas, saying that Jim Crow laws were unjust and should be disobeyed.
The view that an unjust law is no law at all is strongly associated with natural law theorists, including John Finnis and Lon Fuller. Throughout history, philosophical and religious writers have often objected to unjust laws. For example, in the fourth century AD, Augustine of Hippo said, "for I think a law that is not just, is not actually a law".
However, it is important to note that the definition of "unjust" can be subjective and controversial. What some people may perceive as unjust, others may not agree with.
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When a law protects the rich and disadvantages the poor
There are many examples of when it is okay to break the law. For instance, if a law is unjust, such as racial segregation in the United States in the 1950s and 1960s, it would be morally right to break it. Similarly, if a law protects the rich and disadvantages the poor, it may be morally right to break it. For example, the rich can afford better lawyers than the poor, and this can influence the outcome of a case. The legal system can also be manipulated by those with political and financial power, who may be allowed to break the law with no legal repercussions.
It is crucial to question and critically examine laws as they can be influenced by various factors and are not necessarily morally right. 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 breaking the law can have consequences, and it is not always a justifiable action.
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When breaking the law is a minor crime
It's important to question and critically examine laws, as they can be influenced by various factors and are not necessarily morally right. For example, laws may look like they protect the rich and wealthy at the cost of the poor and disadvantaged, or they may feel unjust.
Therefore, it can be morally right, and even indicated, to break the law in certain situations. For instance, in the 1950s and 1960s, it would have been pointless to campaign lawfully against racial segregation in the United States; the injustice of the laws would have remained. Similarly, in the Republic of Ireland in 1971, it was against the law to possess or use any form of contraception, in line with the Catholic Church's teaching.
In these cases, breaking the law could be considered a minor crime when compared to the greater moral good of challenging racial segregation or promoting reproductive freedom.
A survey found that 58% of people view breaking the law as "OK" if the crimes are minor. This suggests that many people believe that there are situations in which breaking the law is justifiable, especially if it is a minor infraction.
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When breaking the law is the only way to campaign against racial segregation
There are many examples of when it is okay to break the law. For instance, if you are a pedestrian at a red traffic light and you see a child about to run out onto a busy street, you would likely ignore the law and jump across the street to save the child. This would be illegal, but morally right.
In some cases, laws can be unjust and influenced by various factors, such as protecting the rich and wealthy at the cost of the poor and disadvantaged. In these situations, it can be morally right to break the law in pursuit of what is right. For example, in the 1950s and 1960s in the United States, there were measures in place in many southern states to prevent Black people from voting or engaging in political activity. Campaigning lawfully against racial segregation would have been pointless, as it would have changed nothing and the injustice of the laws would have remained.
Additionally, some people view breaking the law as "OK" if the crimes are minor. A survey found that 58% of people viewed minor crimes as acceptable, and more than one-third were not bothered at all about breaking the law.
However, it is important to note that breaking the law can have consequences, and individuals must make their own moral decisions about when and if to do so.
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Frequently asked questions
It's not hard to think of examples where breaking the law might be morally right. For instance, if you saw a child about to run into a busy street, you might ignore a red traffic light to save them.
Laws and ethics are not the same. An action can be legal but immoral, or illegal but morally right.
Laws can be influenced by various factors and are not always morally right. It can be morally indicated to break an unjust law.
A survey found that 58% of people view breaking the law as "OK" if the crimes are minor.
