Law's Injustice: When Rules Fail Their Citizens

The notion of unjust laws has been a topic of debate for centuries, with various philosophers, religious writers, and political figures weighing in on the subject. The idea that an unjust law is no law at all is a long-standing expression supporting natural law, which asserts that authority is only legitimate if it is just and moral. This view has been espoused by notable figures like Augustine of Hippo, Thomas Aquinas, and Henry David Thoreau, who have questioned the legitimacy of unjust laws and the duty to obey them. The concept of civil disobedience, as articulated by Thoreau and Martin Luther King Jr., challenges the idea of blindly following laws, especially those that are unjust or oppressive. This debate raises important questions about the nature of law, morality, and the role of citizens in holding those in power accountable.

The right to disobey

The idea that "if a law is unjust, a man is not only right to disobey it, he is obligated to do so" has been widely attributed to Thomas Jefferson, but there is no evidence that he ever said or wrote this. It is included in the Thomas Jefferson Foundation's list of "spurious quotations".

However, the quotation does capture some of the ideas that Jefferson expressed in the Declaration of Independence, such as:

> "...whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..."

The quotation also bears a resemblance to Martin Luther King Jr.'s comment in his "Letter from Birmingham Jail" in 1963:

> "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

The notion that "an unjust law is no law at all" is a standard legal maxim around the world and is strongly associated with natural law theorists, including John Finnis and Lon Fuller.

Throughout history, philosophical and religious writers have 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". Thomas Aquinas also examined the legitimacy of man-made laws and concluded that a law only needs to be obeyed if it is legitimate in terms of its purpose, author, and form.

In "Civil Disobedience", Henry David Thoreau questioned the legitimacy of any law that was unjust, and Martin Luther King Jr. referred to both Augustine and Aquinas in his rationale for the goodness of civil disobedience.

The obligation to resist

The idea that "if a law is unjust, a man is not only right to disobey it, he is obligated to do so" has been widely but falsely attributed to Thomas Jefferson. This quotation has not been found in his papers, although it may be a paraphrase of a line from the Declaration of Independence: "whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government".

Thomas Aquinas, in his Summa Theologica, delves into the legitimacy of man-made laws and concludes that a law need not be obeyed unless it meets certain criteria. Firstly, the law must serve the common good. Secondly, it must be within the scope of the authority enacting it. Lastly, it should be applied equally to all. Aquinas also emphasises that disobedience should not cause harm or lead to evil, and that it is always lawful to avoid oppression.

Henry David Thoreau, in his work "Civil Disobedience", questions the legitimacy of unjust laws and presents three options: obeying them, amending them, or transgressing them immediately. Martin Luther King Jr., in his "Letter from Birmingham Jail", references both Augustine and Aquinas to justify civil disobedience against the unjust Jim Crow laws. He writes, "One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws."

Civil disobedience

The concept of civil disobedience has been explored by various philosophers, religious figures, and activists throughout history. The idea that "an unjust law is no law at all" is a longstanding principle, with the Latin expression "lex iniusta non est lex" encapsulating this belief. This view aligns with natural law theory, which asserts that authority is only legitimate if it upholds what is inherently good and right.

Thomas Aquinas, a prominent philosopher, delved into the legitimacy of man-made laws in his work "Summa Theologica." He concluded that a law need not be obeyed unless it satisfies three criteria: the purpose of the law must be for the common good; the law must be within the scope of the authority's jurisdiction; and the law must be applied equally to all. Aquinas also emphasised that disobedience should not cause harm or promote evil, aligning with the idea expressed by Isaiah that it is always lawful to avoid oppression.

Martin Luther King Jr., in his "Letter from Birmingham Jail," referenced both Augustine and Aquinas to justify civil disobedience against the unjust Jim Crow laws. He asserted that citizens have a moral obligation to disobey unjust laws, echoing a sentiment often misattributed to Thomas Jefferson: "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." This quote, however, is believed to be a paraphrase of a line from the Declaration of Independence, emphasising the right of the people to alter or abolish a destructive government.

Henry David Thoreau, in his work "Civil Disobedience," also questioned the legitimacy of unjust laws, posing the question: "Unjust laws exist: shall we be content to obey them, or shall we endeavour to amend them, and obey them until we have succeeded, or shall we transgress them at once?"

The act of civil disobedience is a powerful tool for challenging unjust laws and promoting social change. By refusing to comply with immoral or oppressive laws, individuals can uphold their moral principles and contribute to the advancement of justice and equality.

Natural law

The idea of natural law has been explored by various philosophical and religious writers throughout history, including Augustine of Hippo, who stated, "for I think a law that is not just, is not actually a law." Thomas Aquinas, a prominent proponent of natural law, extensively examined the legitimacy of man-made laws in "Summa Theologica." He concluded that a law must meet three criteria to be considered legitimate: it must be for the common good, within the scope of the authority's jurisdiction, and equally applied to all.

Proponents of natural law, such as Martin Luther King Jr., have argued that people have a moral obligation to disobey unjust positive laws that conflict with natural laws. King referred to the ideas of Augustine and Aquinas to justify civil disobedience against Jim Crow laws, stating that "an unjust law is a human law that is not rooted in eternal law and natural law."

The legitimacy of man-made laws

The concept of unjust laws and the legitimacy of man-made laws have been subjects of debate and discussion for centuries. The idea that "an unjust law is no law at all" is a well-known expression supporting natural law and asserting that authority is only legitimate if it is just and moral. This view has been espoused by many philosophical and religious writers, including Augustine of Hippo, who stated, "for I think a law that is not just, is not actually a law."

Thomas Aquinas, in his work Summa Theologica, delves into the legitimacy of man-made laws and concludes that they need not be obeyed unless they meet certain criteria. According to Aquinas, a law must fulfil three conditions to be considered legitimate: it must serve the common good, it must be within the scope of the authority's jurisdiction, and it must apply equally to all. Aquinas also emphasises that disobedience should not cause harm or lead people into evil, and that it is always lawful to avoid oppression.

Henry David Thoreau, in his work "Civil Disobedience," challenges the legitimacy of unjust laws, posing the question of whether we should obey, amend, or transgress them. He highlights the existence of unjust laws and prompts a discussion on how to address them.

Martin Luther King Jr., in his "Letter from Birmingham Jail," references both Augustine and Aquinas to justify civil disobedience against the unjust Jim Crow laws. He argues that there is a moral responsibility to disobey unjust laws, stating, "One has ... a moral responsibility to disobey unjust laws."

The idea of resisting unjust laws has also been misattributed to Thomas Jefferson, with variations of the quote, "If a law is unjust, a man is not only right to disobey it, he is obligated to do so." While there is no evidence that Jefferson said this, it captures some of the sentiments expressed in the Declaration of Independence, where he writes, "...whenever any Form of Government becomes destructive ... it is the Right of the People to alter or to abolish it, and to institute new Government..."

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