The Justification of Breaking the Law

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The Justification of Breaking the Law
Summary

This essay will delve into the ethical considerations of breaking the law, discussing scenarios where civil disobedience might be justified and the moral complexities involved. On PapersOwl, there’s also a selection of free essay templates associated with Civil Disobedience.

Date added
2021/03/08
Pages:  3
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Moral compasses spin wildly when civil disobedience confronts the iron bars of law, challenging centuries of philosophical thought. Imagine being trapped in a cycle of abuse with no escape but to take drastic measures against your abuser, or being forced to cross borders illegally to save your life. In such dire circumstances, the question arises: is it ever justified to break the law? This essay explores this question by examining the contrasting views of Socrates and Martin Luther King Jr., as well as real-life examples like Francine Hughes, to understand when breaking the law might be justified.

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Socrates' Stance on Law

In Plato’s dialogue "Crito," Socrates presents a steadfast belief that it is never right to break the law, irrespective of the circumstances. Wrongfully imprisoned and facing execution, Socrates is given the opportunity to escape by his friend Crito. However, he refuses, arguing that escaping would lead to a life of perpetual hiding and misery. He prioritizes living "the good life" over mere survival, famously stating, "the most important thing is not life, but the good life." Socrates questions whether one should ever do wrong willingly, asserting that revenge or retaliation, even if it seems justified, is never truly admirable. He argues that breaking the law would harm the city-state, as it undermines the legal system and the social contract between individuals and the state. Socrates believes that by entering into such a contract with the state, one is morally obligated to abide by its laws, and failure to do so would constitute an injustice to the city. For Socrates, adhering to the law is synonymous with maintaining the integrity and stability of the society.

Martin Luther King Jr.'s Civil Disobedience

In stark contrast, Martin Luther King Jr., in his "Letter from a Birmingham Jail," champions the idea of peaceful civil disobedience as a legitimate response to unjust laws. Imprisoned for protesting against racial discrimination, King articulates a clear distinction between just and unjust laws. He argues that individuals have a moral responsibility to obey just laws, which align with moral and divine law and uplift human dignity. Conversely, unjust laws degrade human personality and are often imposed by a majority on a minority without mutual consent or adherence. King asserts that "an unjust law is no law at all," echoing St. Augustine's philosophy. He advocates for the disobedience of such laws, provided it is done openly, lovingly, and with a willingness to accept the consequences. By accepting the penalty, individuals express the highest respect for the law and seek to awaken the community's conscience to the law's inherent injustice. King's approach underscores the ethical imperative to challenge and change unjust laws, reinforcing the idea that legality does not equate to morality.

Case Study: Francine Hughes

To further explore this moral dilemma, consider the case of Francine Hughes, whose tragic circumstances forced her to take drastic action against her abusive husband. After enduring years of physical and emotional abuse, Hughes felt compelled to break the law against murder to protect herself and her children. Her actions were not driven by malice but by a desperate need for survival. The subsequent legal proceedings and public attention highlighted the systemic failure to protect victims of domestic violence, sparking the battered women's movement and leading to significant reforms. This case illustrates that while the law against murder is fundamentally just, there are situations where breaking such a law becomes a necessity for survival. Hughes' actions, though illegal, served a greater purpose by shedding light on an urgent social issue and prompting changes that ultimately benefited countless others.

Conclusion

In conclusion, the question of whether it is ever right to break the law is not one that can be answered with simple absolutes. Socrates' adherence to the law reflects a commitment to societal stability and moral consistency, while King’s advocacy for civil disobedience highlights the need to challenge unjust systems. Real-life cases like Francine Hughes demonstrate that in certain extreme circumstances, breaking the law may be a necessary catalyst for change and justice. Ultimately, the justification for breaking the law hinges on the intent and the broader impact of such actions. When laws are unjust and inhibit human dignity or when they fail to protect individuals from harm, breaking them—thoughtfully and with the intent to provoke positive societal change—can indeed be morally justified. This nuanced understanding encourages a critical examination of laws and their alignment with ethical principles, reminding us that the pursuit of justice often requires challenging the status quo.

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The Justification of Breaking the Law. (2021, Mar 08). Retrieved from https://papersowl.com/examples/right-or-wrong-to-break-the-law/