Cecily Zamora
Breaking a bad law is a complex and controversial topic. Some argue that breaking a bad law is justified because it is morally flawed, and that moral duty overrides legal obligations. Others disagree, stating that disagreement with a law is not sufficient reason to break it. Breaking a bad law can be a form of civil disobedience, with the goal of creating public outrage over an injustice. The long-term effect of breaking bad laws may be that lawmakers and enforcers lose heart as they are consistently portrayed as villains.
| Characteristics | Values |
|---|---|
| To raise consciousness | Civil disobedience |
| To engage the attention of other citizens | To create public outrage over an injustice |
| To save people from death | To avoid being sent to a concentration camp |
| To avoid being portrayed as a villain | To avoid losing heart |
| To judge laws on their moral merits | To override legal obligations with moral duty |
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What You'll Learn
Civil disobedience
The term "bad law" is quite emotive, and disagreement with a law is not sufficient reason to break it. Laws are a social compromise, and we must judge them on their moral merits. It is argued that moral duty overrides legal obligations, and so in some cases, it may be justified to break a bad law. For example, people in Nazi Germany or occupied countries during World War II sometimes saved Jews from death, even though this broke the law.
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Moral duty overrides legal obligations
Breaking a bad law can be justified when the law is oppressive or harmful to a group of people. In this case, individuals may choose to publicly break the law to draw attention to the injustice and engage the support of other citizens. This tactic, known as consciousness-raising or civil disobedience, has been employed in civil rights conflicts, notably by Martin Luther King Jr. and other protestors in the 1950s and '60s. The goal is to assert a right or privilege without regard to the law, forcing those in authority to enforce it. If a law is good and widely accepted by citizens, enforcing it should be straightforward, cost-effective, and morally defensible.
However, the term "bad" is subjective and emotive, and disagreement with a law does not necessarily justify breaking it. Laws are a form of social compromise, and there may be ethical principles at play that are not immediately apparent. Nevertheless, it is argued that moral duty supersedes legal obligations, particularly when laws are morally flawed. In such cases, citizens must exercise judgment and base their obedience on the moral merits of the law.
The long-term consequence of breaking bad laws is that lawmakers and enforcers may become discouraged as they are consistently cast as villains. This can be observed in the current political climate, where attempts to restrict abortion rights in certain states are facing increasing opposition as cases move through the courts and elections approach. Similarly, during Nazi Germany, individuals who secretly saved Jews from death risked their own lives by breaking the law, knowing that both they and the people they helped would face severe consequences if caught.
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Bad laws are difficult to enforce
When a law is explicitly targeted to oppress or harm some group, there is an incentive for individuals to publicly break the law in order to engage the attention of other citizens. This is a common tactic in civil rights conflicts, mostly stemming from Martin Luther King Jr and other protestors in the 1950s and '60s. The point is to assert a right or privilege without regard to the law and compel the legislature, police, and judiciary to enforce it.
The idea is that if the law is good, meaning well-accepted by the citizenry, then enforcing it will be comparatively easy, cost-effective, and morally tenable. However, if a law is bad, it will be difficult to enforce, consuming excessive time, energy, and resources.
Arguments for the duty to obey laws have significant gaps, especially when the laws are morally flawed rather than just "bad". We must judge laws on their moral merits, and obedience is conditional on this judgment. Moral duty overrides legal obligations.
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Bad laws lose the support of those who write and enforce them
In the long term, those who write and enforce bad laws will lose heart. They will be consistently portrayed as villains for trying to impose a law that citizens dislike. This can be seen in the current GOP pushes to restrict abortion in various states, which will only get worse as cases head to court and the 2024 elections get closer.
When a law is explicitly targeted to oppress or harm some group, there is an incentive for individuals to publicly break the law. This is a common tactic in civil rights conflicts, stemming from Martin Luther King Jr and other protestors in the 1950s and '60s. The point is to assert a right or privilege without regard to the law, and compel the legislature, police, and judiciary to enforce it. If the law is good, then enforcing it will be comparatively easy, cost-effective, and morally tenable.
However, it is important to note that "bad" is quite an emotive term, and disagreement with the law is not in itself sufficient reason to break it. Laws are, in part, a social compromise. It is also important to judge laws on their moral merits, and remember that moral duty overrides legal obligations.
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Bad laws are a social compromise
The idea is that one asserts a right or privilege without regard to the law, and compels the legislature, police, and judiciary to enforce it. The long-term effect of breaking bad laws is that those who write and enforce them will lose heart because they are consistently portrayed as villains for trying to impose a law that citizens dislike.
If a law is bad, it will be difficult to enforce, consuming excessive time, energy and resources. We must judge laws on their moral merits, and obedience is conditional on this judgment. Moral duty overrides legal obligations.
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Frequently asked questions
Yes, if the law is morally flawed, then the moral duty overrides legal obligations.
Those who write and enforce bad laws will lose heart as they are consistently portrayed as villains for trying to impose a law that citizens dislike.
Consciousness-raising is a common tactic in civil rights conflicts, stemming from Martin Luther King Jr and other protestors in the 1950s and '60s. It involves individuals publicly breaking the law to engage the attention of other citizens, with the goal of creating public outrage over the injustice.
