Keith Mack
There are many reasons why people are compelled to break the law. Some people are morally compelled to break the law, while others are forced to break the law when the government fails to protect them. This raises the question of whether it is ever right to break the law, and who gets to make that decision.
| Characteristics | Values |
|---|---|
| Moral obligation | When the law violates moral convictions |
| Courage to fight for justice | When the government fails to protect its people |
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What You'll Learn
Civil disobedience
The goals of those who disobey the law must lie at the very heart of what we regard as morality before we can say that they have a moral right to do what they are doing. When an individual breaks the law on the grounds that the law is immoral, they are asking the rest of us to trust them or those they trust, in preference to the established conventions and authorities of our society.
Even if one is morally compelled to break the law, one must continue to stay the course in fulfilling one's mission.
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Moral obligation
There are times when people are morally compelled to break the law. This could be because the government has failed to protect its citizens, or because the law itself is immoral. When this happens, breaking the law can become a moral obligation.
For example, when the government fails to protect the environment and allows a billionaire to build a coal mine despite the wishes of the people and the advice of scientists, some may feel compelled to break the law to fight for justice. This is known as civil disobedience and it serves a special function in society. Those who break the law are, in effect, asking the rest of us to trust their moral principles over the established conventions and authorities of our society.
However, this raises several problems. Firstly, who is to say that one person's moral principles are right and another's are wrong? Secondly, even if one is morally compelled to break the law, how can one continue to stay the course and fulfil one's mission? Finally, when the authorities and institutions of a society begin to violate the moral convictions of the individual, how can we know when it is time to break the law and when it is time to surrender and serve?
Despite these difficulties, there are times when breaking the law is the right thing to do. History is full of examples of everyday heroes who had the courage to fight for justice, even when it required them to break the law.
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Government failure to protect citizens
People are compelled to break the law when the government fails to protect its citizens. This is a moral obligation, and a form of civil disobedience. When the authorities and institutions of a society begin to violate the moral convictions of the individual, people are forced to choose who they will surrender to and serve.
In the case of Adani's coal mine in Australia, everyday heroes were compelled to break the law when the government failed to protect its citizens from the dangers of climate change. The majority of Australians did not want the mine, and scientists urged the government to keep coal in the ground. Despite this, the government allowed the mine to proceed. This raises questions about the state of democracy in Australia and the role of politicians in protecting the public interest.
Similarly, Julian Burnside QC, a barrister and human rights, refugee and climate change advocate, has fought for justice even when it required him to break the law. He and others like him will be remembered as heroes for having the courage to stand up for what is right, even when the government fails to do so.
When individuals break the law on the grounds that it is immoral, they are asking the rest of society to trust their moral convictions over established conventions and authorities. This is a difficult decision, as it is hard to determine whose moral principles are right and whose are wrong. However, when the government fails to protect its citizens, some people feel they have no choice but to take matters into their own hands and break the law.
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Courage to fight for justice
It takes courage to fight for justice, even when that means breaking the law. When the government fails to protect its citizens, everyday heroes are compelled to take a stand. This can be seen as a moral obligation, especially when the authorities and institutions of a society begin to violate the moral convictions of the individual.
There are several reasons why people might be compelled to break the law. Firstly, it could be a result of the government's failure to protect its citizens. For example, when politicians allow a billionaire to build the largest coal mine in the southern hemisphere, despite the majority of Australians being against it and scientists warning of the dangers of climate change. In such cases, individuals may feel morally compelled to take action, even if it means breaking the law.
Secondly, it could be a result of a collision course with a "hideous strength" that is gaining increased control over human institutions and governments. This could refer to a powerful entity, such as a corporation or an authoritarian regime, that is imposing its will on society in a way that violates the moral convictions of individuals. In this case, breaking the laws that are spawned in the mind of the "Father of Lies" and legislated by human authorities could become a moral obligation.
Thirdly, it could be a result of civil disobedience, where individuals break the law on the grounds that the law is immoral. In this case, the individual is asking the rest of society to trust their moral judgment over the established conventions and authorities.
When individuals break the law to fight for justice, they are taking a stand against what they perceive as a violation of their moral convictions. It requires courage to go against the established order and risk the potential consequences, but it is this courage that can lead to positive change and a more just society.
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Trust in authorities
Similarly, when the authorities and institutions of a society begin to violate the moral convictions of the individual, breaking the law can become a moral obligation. This raises three problems: who decides what is moral, who do we trust, and how do we reconcile conflicting moral principles?
When people break the law on the grounds that it is immoral, they are effectively asking the rest of us to trust them or those they trust, over the established conventions and authorities of society. This can be a difficult decision, as it is not always clear whose moral principles are right or wrong.
In some cases, those who break the law may be seen as everyday heroes or courageous fighters for justice. For example, Julian Burnside QC, a barrister and human rights, refugee and climate change advocate, may be remembered for having the courage to fight for justice, even when it required him to break the law.
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Frequently asked questions
People are compelled to break the law when the government fails to protect them.
People are forced to fight for justice themselves, even if that means breaking the law.
Breaking the law can become a moral obligation when the authorities and institutions of a society begin to violate the moral convictions of the individual.
It can suggest that our politicians are failing to represent us.
Civil disobedience is when an individual breaks the law on the grounds that the law is immoral.
