Cecily Zamora
Breaking the law has consequences, and these vary depending on the nature of the offence. For example, in civil law, it's one person versus another person, whereas criminal law involves one person versus the state. In some cases, breaking the law can result in imprisonment or even the death penalty. Even if a law seems strange or unnecessary, it is still the law, and breaking it can have unforeseen repercussions. This is especially true in the case of federal laws, where actions, not intentions, are what matter.
| Characteristics | Values |
|---|---|
| Human laws are fragile | There is always a tension between individual goals and the goals of the group |
| Lack of legal education | Lack of education about the law can lead to disastrous consequences |
| Civil disobedience | People may break the law in the name of higher principles or morality |
| Law as a deterrent | The threat of a traffic ticket or other punishment does not always deter people from breaking the law |
| Law as a social contract | Widespread lawbreaking can lead to civil unrest and the breakdown of social order |
| Law as a moral standard | Some people believe that breaking certain laws, such as those against piracy or littering, is morally acceptable |
| Law as a safeguard | Laws are meant to protect citizens and ensure their freedom |
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What You'll Learn
Laws are made publicly known, but people don't always read them
Laws are publicly available, but many people do not read them. This is a common issue, as most people assume they are law-abiding citizens, yet they unknowingly commit several crimes per week. For example, speeding, talking/texting while driving, littering, and illegally downloading music are all common offences.
While it is impossible to know every law, it is still each citizen's responsibility to be aware of the laws that pertain to them. This is known as the legal doctrine of "ignorantia juris non excusat," or "ignorance of the law is no excuse." This doctrine assumes that laws are made public and accessible to citizens. In the digital age, this can be done by publishing laws online or in government gazettes.
However, it is important to note that there are exceptions to this doctrine. In some cases, ignorance of the law can be a defence, particularly in civil law. For example, during the Enlightenment and the 18th century, many European citizens were illiterate and would have faced difficulties in knowing all the laws. As such, their ignorance of certain laws could be excused.
Additionally, in Roman law, ignorance was a defence for women, young men, soldiers, peasants, and people legally declared incompetent when it came to civil rules that were not common sense. This was because Roman law was derived from Italian tribal customs, which had rules that reasonable people would know.
Overall, while laws are publicly available, it is not always feasible for citizens to read and know every single one. However, it is essential to be aware of the laws that pertain to one's daily life and undertakings.
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Ignorance of the law can lead to unintended consequences
Ignorance of the law is generally not considered a valid defence in court. There is a common legal principle that "ignorance of the law is no excuse". This principle is essential to maintaining a functional legal system, as without it, people could evade responsibility simply by claiming ignorance.
However, there are some circumstances in which ignorance of the law may be a defence. In California, for example, ignorance of the law may be a defence in certain cases, particularly for specific intent crimes. Specific intent crimes require the prosecution to prove beyond a reasonable doubt that the defendant intended to commit a particular harmful act, such as robbery, forgery, arson, or burglary. If the person who committed the crime was unaware that it was a crime, there may be a valid defence of ignorance because specific intent was not clear or present.
Additionally, ignorance of the law may be a defence if the law is new and not yet well-publicized or widely known. This may be especially true if the new law criminalizes behaviour that is legal in other places. Similarly, if there are differences in state or local laws, ignorance of the law may be a defence if there are no warnings posted about the different rules in a particular location.
It is important to note that even if someone unknowingly breaks the law, they can still be arrested and charged. The police only need probable cause to believe that a person has committed an illegal act to make an arrest, and it is then up to a jury to determine guilt or innocence.
Overall, while ignorance of the law may sometimes be a defence in specific circumstances, it is generally not a valid excuse for breaking the law. It is the responsibility of individuals to stay informed about the laws that apply to them to avoid unintended consequences.
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Civil disobedience: sometimes it's right to defy authorities
Civil disobedience is a complex and multifaceted concept that has been a subject of debate and discussion for centuries. It refers to the deliberate refusal of citizens to obey certain laws, demands, or commands of a government or authority. While breaking the law is generally unacceptable, there are instances where civil disobedience can be justified, particularly when it serves as a symbolic act of protest against perceived injustices.
One perspective on civil disobedience is that it can be a legitimate form of political expression in certain circumstances. This view holds that citizens have a moral right to defy authorities when they believe that the law is immoral or unjust. For example, civil disobedience has been used to eliminate inequalities based on race, as seen in the American civil rights movement led by Martin Luther King Jr. in the 1950s and 1960s. King's strategy of nonviolent civil disobedience, inspired by Gandhi, sought to end racial segregation in the southern United States. Similarly, local authorities may declare themselves "sanctuary cities" and refuse to cooperate with federal authorities to protect immigrants, which can be considered a form of civil disobedience.
However, it is essential to recognize that civil disobedience is not without its limitations and potential consequences. By engaging in civil disobedience, individuals must be willing to face legal repercussions, including arrest, criminal charges, and punishment. Civil disobedience is typically understood to be nonviolent, and violence can undermine the legitimacy of the act. Additionally, critics argue that civil disobedience accepts the existing political structure and does not challenge the system as a whole.
Furthermore, the justification for civil disobedience is contingent on the specific context and the underlying principles being advocated. While civil disobedience may be warranted in a despotic regime, it is more difficult to justify in a democratic society, where legal instruments for addressing grievances are available. The goals of those who disobey the law must align with widely held moral principles, such as equality and justice, for their actions to be considered legitimate.
In conclusion, civil disobedience can be a powerful tool for social change, but it must be employed judiciously and with careful consideration of its potential consequences. It is a complex issue that requires a nuanced understanding of the specific context, the motivations of those involved, and the broader societal implications. While it may be justifiable in certain circumstances, it is not an unlimited right, and those who engage in it must be prepared to face the legal and societal repercussions of their actions.
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Laws are fragile and easily broken by human nature
Laws are created to control human behaviour, but human nature often leads people to decide that laws do not apply to them, should not apply to them, or need to be changed. This is because there is always a tension between individual goals and the goals of the group. For example, a person may steal because it benefits them individually, despite the law prohibiting theft.
The rule of law is inherently fragile, as its legitimacy ultimately depends on politics. The law's political nature is often repressed, and judges become invested in hiding their political considerations rather than openly discussing conflicted political interests. This repression of the political nature of law results in a loss of legitimacy and inconsistencies in application, undermining the rule of law.
The subjective nature of the law is another factor that contributes to its fragility. As the law is open to interpretation, judges may inadvertently apply their own biases when interpreting and applying the law. This subjectivity can lead to inconsistencies in how the law is applied and can further contribute to the fragility of the rule of law.
Additionally, the dynamic nature of politics and society means that the law must constantly adapt to changing circumstances. This evolution of the law is a complex and challenging process, as it requires navigating conflicting truths and interests. The law's vulnerability to hidden power algorithms and the influence of underlying power structures further contributes to its fragility.
In conclusion, the rule of law is fragile and easily broken by human nature due to the tension between individual and group goals, the subjective nature of the law, the dynamic and complex nature of politics and society, and the influence of power structures.
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Law-breaking is common, but it doesn't make it okay
While it is true that law-breaking is common, it is important to remember that this does not make it okay. The normalization of minor crimes in society does not mean that they are no longer illegal or that there are no consequences for breaking the law.
According to a poll, the average person commits around seven crimes per week, with speeding, texting or talking while driving, littering, illegally downloading music, and not wearing a seatbelt being some of the most common offences. Despite the prevalence of these acts, they are still considered illegal and can result in fines, legal repercussions, or even jail time.
One reason why law-breaking is not okay is because it can lead to negative consequences for individuals and society as a whole. For example, breaking traffic laws can result in accidents and fatalities, as reported by the National Highway Traffic Safety Administration (NHTSA). Additionally, law-breaking can undermine the social contract and the stability of a society, leading to chaos and disorder.
Furthermore, while civil disobedience has been used to bring attention to important issues, such as racial inequality, it is not without its complexities. Civil disobedience involves violating the law, and while it may be morally justified in certain circumstances, it does not change the fact that breaking the law can have legal repercussions.
It is also important to note that ignorance of the law is typically not a valid excuse for breaking it. Individuals are expected to be aware of and abide by local laws, even when they differ from federal laws or personal beliefs. Therefore, it is crucial to stay informed about the laws in one's area to avoid unintentionally breaking them.
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