When Is It Appropriate For Break The Law?

We must first discuss why we should obey laws to begin with. Singer gives two arguments in favor of obeying laws. He explains that first; people do not voluntarily refrain from hurting others so we need laws to deal with these matters. Secondly, we must have some kind of machinery to deal with the lawbreakers (Singer 296). Singer also reminds us that these two arguments for obeying law are neither universally applicable nor conclusive (Singer 297). Civil disobedience itself can be viewed the same way. It must be evaluated on a case-by-case basis. There are rules as to what civil disobedience is, but there is no clear-cut universal answer in deciding to be civilly disobedient (Singer 297). Civil disobedience is about purposefully disobeying a law or rule to make a point, to try and change laws and rules in a specific situation, and is disobedience that is executed in a non-violent manner.

There are also cases where law breaking becomes a compulsion, which is when it comes to life and death. The hierarchy of law should be taken into account. Saving somebody’s life is always of more importance than obeying civil laws. For example, if a person is severely injured and the closest hospital is across the border in another country, then illegally crossing the border should not be the main concern, saving the person’s life should and in such cases law breaking is most definitely justifiable.

To consider each principles power and their own basis within the British constitution, the rule of law needs to be defined too, but this is somewhat harder to do as it has no set definition. Different theories have attempted to define it though, and most agree with the Diceyan definition.It states that the rule of law contains three core elements - one, the law is absolutely supreme, two, everyone is equal before the law, and three, the Constitution may be found in the ordinary laws of the state.

When your human rights are being stripped, it is a great way to change society, as we see in Gandhi’s peaceful revolt. However, in many cases it is not necessary. It would do even more damage, especially if there are other, safer and more human ways for addressing concerns. Laws would be threatened as well as American infrastructure and economy. Through this, civil disobedience requires us to examine the situation. It requires intelligent people to sacrifice something for the greater good, and when it is necessary. The people thinking about disobeying must ask the question “is the law I am being pushed under unjust?” before performing the act. As Gandhi once said “An unjust law is itself a species of violence. Arrest for its breach is more so. Now the law of nonviolence says that violence should be resisted not by counter-violence but by nonviolence. This I do by breaking the law and by peacefully submitting to arrest and

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Envision if everyone in the world decided to go around breaking laws because they did not agree with them. There would be a bunch of unnecessary arrests, great amount of violence, and the world would be a terrible place to live. As citizens of this country we have the commitment to adhere to the rules, laws, and submit to any consequences we may receive. In the great words of Socrates, “One should never do wrong in return, nor do any man harm, no matter what he may have done to you.” Breaking laws is never morally justifiable.

Breaking the law is morally justifiable and acceptable when the law in itself is iniquitous and if that law violates human rights and conscience; Certainly, rules are established for us to follow but we as human beings should be able to differentiate the right and the wrong and incase laws need to be violated for the right cause even with hard consequences, breaking the law can be justified; considering the situations and the purposes.

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.

From the time we are children and throughout the duration of our lives, we are told to abide by certain sets of rules. In most situations this is a perfectly acceptable expectation; speed limits, remaining quiet in libraries, and waiting until the age of twenty-one to drink are all reasonable things to ask of people. After all, these rules and laws are put in place to ensure a peaceful and safe society. However, when these rules begin to infringe upon the rights of certain groups, some citizens turn to civil disobedience as a form of protest. While some may argue that civil disobedience is nothing more than a violation of the law, it has also proven to have a positive impact on society, in more ways than one. Used by Mahatma Gandhi and Martin

As mentioned in the text “Law is a body of rules established by government officials that bind government, individuals, and nongovernment organization.” These rules were established to maintain stability and justice. The five sources of law are common law, constitutional law, legislation, executive orders and administrative law. Common law is judge made and is grounded in tradition and previous judicial decisions, instead of in written laws. It was a tradition beginning in England as the United States had former ties to England, they were influenced by it. Constitutional law is the body of law that comes out of the courts in cases involving the interpretation of the constitution. The highest court is the Supreme Court.

Very vaguely, the rule of law is: “the name commonly given to the state of affairs in which a legal system is legally in good shape.”

Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

law is law that has been built up over the years by decisions of the

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,