Kara Sears
Breaking the law is an abstract concept that refers to a violation of some nondescript rule. It is a collective noun referring to all rules of an area, and a countable noun referring to specific rules. It is an idiom that does not adhere to the norms of standard English conventions. Breaking the law can refer to a principled purpose, such as fighting racism, sexism or climate change.
| Characteristics | Values |
|---|---|
| To fight racism, sexism or climate change | To eliminate inequalities based on race |
| To fight for a cause | To fight for civil disobedience |
| To fight for a principle | To fight for a religion |
| To fight for a belief | To fight for a moral tradition |
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What You'll Learn
To fight racism
Breaking the law is about disrespecting legal authority generally, rather than a single law. This can be done for a principled purpose, such as fighting racism, sexism or climate change.
There are many laws that are rooted in white supremacist ideology and are plainly racist. For example, the illegal reentry law in the US has been deemed to have unconstitutional, racist origins and impacts. It has been a leading driver of federal prosecutions and incarcerations, punishing hundreds of thousands of immigrants over decades.
However, when breaking the law for a principled purpose, there is a pragmatic question of whether it will work. Will it become counter-productive if the action alienates possible supporters?
The European Commission against Racism and Intolerance (ECRI) recommends the enactment of specific and comprehensive anti-discrimination legislation, with provisions in different fields of law. ECRI recommends that national criminal law punishes public incitement to violence, hatred or discrimination on the grounds of “race”, colour, language, religion, citizenship, ethnic/national origin, sexual orientation and gender identity. Civil and administrative law should prohibit direct and indirect racial and homophobic or transphobic discrimination, as well as segregation, harassment and discrimination by association, among others.
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To fight sexism
Breaking the law is a serious matter, but sometimes people do it for a principled purpose, such as fighting sexism. Sexism is a form of gender-based discrimination that dehumanises and marginalises individuals, often women and girls, by treating them as less valuable because of their gender. This endangers their human rights and dignity, and it is crucial to recognise and discuss the various forms of sexism to prevent it.
The media has a significant responsibility in combating sexism by raising awareness of the daily injustices and discrimination faced by women and girls. By building alliances between institutions, media, NGOs, citizens, and advocates for gender equality, we can create a united front against sexism.
One example of a pledge to fight sexism is the BMA's Ending Sexism in Medicine pledge, which includes goals such as ending sexual harassment, promoting gender diversity in medicine, and supporting women's health in the workplace. It is also important to consider the pragmatic question of whether breaking the law to fight sexism will be counter-productive by alienating possible supporters.
Ultimately, the decision to break the law to fight sexism is a complex and controversial issue that requires careful consideration of the potential risks and benefits.
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To fight climate change
Breaking the law is about disrespecting legal authority. The law is an abstract concept, an idea popularised by the Magna Carta in 1215, which established 'the law of the land'.
When it comes to fighting climate change, breaking the law can be a principled act. However, it is important to consider whether this will be counter-productive and alienate possible supporters.
For example, an individual might break the law by trespassing on private property to protest a company's environmentally destructive practices. This could bring attention to the issue and pressure the company to change its ways. On the other hand, if the action is seen as too radical, it might turn people off from the cause.
Another example is the destruction of property. An individual might break the law by vandalising or destroying property that is contributing to climate change, such as a coal-fired power plant. This could be seen as a direct action to prevent further harm to the environment. Again, there is a risk that this could be counter-productive if it alienates potential supporters.
Ultimately, the decision to break the law to fight climate change is a complex and risky one. It is important to carefully consider the potential consequences and whether there are other, more effective ways to bring about change.
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To protest against the government
Breaking the law is sometimes used as a way to protest against the government. This is often done to protest against unjust laws or government actions. For example, people may break the law to fight racism, sexism or climate change.
Protests are often designed to break unjust laws, and the public evaluates whether the cause is just and whether the disruption caused by the protest is justified. For example, during the civil rights movement, sit-ins were illegal, but public opinion eventually shifted and realised the "crime" didn't justify the punishment.
However, it is important to consider the pragmatic question of whether breaking the law for a principled purpose will work. It could become counter-productive if the action alienates possible supporters.
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To gain personal benefit
Breaking the law can be an act of civil disobedience, which can be used to challenge the morality of a society's laws and the rationality of the society itself. Civil disobedience can be used to fight racism, sexism or climate change. However, it can also be counter-productive if it alienates possible supporters.
When an individual breaks the law, they are asking the rest of society to trust their personal moral judgement. They are also taking personal moral responsibility for the social arrangements under which they live.
A citizen may be caught in a conflict between local laws and what they think will be upheld as superior Federal law. They may not be able to afford to wait for the courts to determine the issue, or they may need to take a stand to force a decision.
Breaking the law can also be an act of conscience, where an individual's mind, conscience or religious faith tells them that the law is unjust. This can lead to a radical examination of the premises of personal morality, civic obligation and government.
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Frequently asked questions
People break the law for a variety of reasons, including to fight racism, sexism or climate change.
'Breaking the law' is an idiom that refers to the abstract concept of law, invoking a violation of some nondescript rule.
The consequences of breaking the law can vary depending on the specific law that is broken and the jurisdiction in which it is broken. However, some potential consequences include fines, imprisonment, and a criminal record.
This is a complex ethical question that does not have a straightforward answer. Some people may argue that it is sometimes justifiable to break the law for a principled purpose, such as fighting racism or sexism. Others may argue that breaking the law is never acceptable and that there are other ways to achieve the same goals without resorting to illegal means. Ultimately, it is up to individuals to make their own moral judgments about whether or not to break the law in a given situation.
