The Obligation To Obey: Revision And Tradition Summary

2. Why does he say that many forms of “lawlessness” have a collective aspect; and are often hard to differentiate from “the law?” Why did extra-legal “justice” become less acceptable over time?.

Martin Luther King used the same idea of unjust laws to justify his actions and nonviolent campaigns. He used this idea to answer the question of how he can support the breaking of some laws, but not others? His simple answer was that there are two types of laws, just and unjust, and "an unjust law is no law at all." (80). He goes on to quote St. Thomas Aquinas, ."..Any law that uplifts personality is just. Any law that degrades human personality is unjust." (80) and says that any individual that breaks an unjust law and accepts the punishment of imprisonment actually has the "highest respect for the law." (81). King makes a very strong point in distinguishing just and unjust laws to advocate his actions, just like Stanton and Anthony do in their address.

"There are just laws and there are unjust laws. I would agree with St. Augustine that an unjust law is no law at all... One who breaks an unjust law must do it openly, lovingly...I submit that an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law."

The use of just laws was first abided by Dr. King in his “Letter From Birmingham Jail.” In this letter, he mentions the necessity of just laws in society and how individuals are morally obliged to follow them. He also makes a clear distinction between “just” and “unjust” laws, further advocating his beliefs. Dr. King defines the two different laws in his interpretation of what they actually mean in society. A just law is a human-made code that squares with the moral law or the law of God. In other words, a law that can uplift the personality of an individual is a law that is just. Also, citizens also have their moral responsibility in a constitutional democratic society to obey and abide by the laws of the country. In comparison to just

An unjust law is a code that is out of harmony with the moral law.? The Clergymen express great concern over King is willingness to break laws. King replies that this is an understandable concern since everyone follows the Supreme Court Decision of 1954 that states; public schools are not to be segregated. In other words King is saying the Supreme Court can hand down a just law and yet people do not obey it but yet they expect me to obey an unjust law. In Germany under Adolf Hitler every thing he did was ?legal? and the freedom fighters in Hungry did everything ?illegally?. Aiding a Jew under Hitler was considered ?illegal?. Because these things were legal did that make it right? No. Should people have obeyed these laws? No. These laws were made to suppress a group of people simple because of there religion. This is much like the segregation in the United States is it right because it is the law? No. Should these laws be followed? No.

Martin Luther King Jr. disobeyed the law for the purpose to end segregation for thousands of blacks in the United States of America. In his Letter From a Birmingham Jail he says he was there because injustice was there. Martin explains that,” A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law.” He shows that he is in Birmingham to support the blacks that can’t fight on their own. He plans to break no just law, but an unjust law is willing to be broken for the sake of his people. In addition, “Nonviolent direct action seeks to create such a crisis and foster such a tension that a community which has constantly refused to negotiate is forced to confront the issue.” (Martin Luther King Jr.). I use this sentence to

If a law is unjust, one cannot take fault or be punished if it goes against the law, for it is not a law at

At one level, it deals with the inadequacies of the law in addressing to the question of justice and at the same time highlights the importance of the law in a society as even in presence of inadequacies, law is needed as it is better than a state of lawlessness.

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

A law is said to be just when it is ordained for the common good, does not exceed the power of the lawgiver and any burdens put on the subjects are done proportionally and equally and aim for the common good (Aquinas in Dimock, ed., 2002, p.20). In comparison an unjust law can be contrary to the human good and additionally opposing to the divine good. A law can conflict with the human good in one of three ways; either through its end, author or its form. A lawmaker issues an unjust law according to its end when he “imposes on his subjects burdensome laws, conducive not to the common good, but rather to his own cupidity or vainglory” (Aquinas in Dimock, ed., 2002, p.20). If a lawmaker imposes a law that favors the leader but at the same time imposes unfair burdens on the whole of society, it can be assumed that he is working for his glory and selfish desires.

‘Must we only obey a just law; should we obey a law because it is just to do so; or else can we not obey at all?'

Durkheim even argued that the penal law expresses a society’s “collective conscience” (Luckenbill, 1992). Therefore, it is seen as just and fair to all members. According to Michalowski, the law serves all people equally (Schmalleger, 2012). It is not biased and works with the people to protect them from what they feel endangered of.

"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." Martin Luther King's words, which just correspond with the above assertion, perfectly tell us what to do in face of laws, either just or unjust.

people are governed by the command of the law. The law lays down fixed rules and

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.