A “just” law, according to me, is the one that is ethical, fair, unbiased, and one that honors every individual who resides within the law; it’s a law that is in place for honoring every individual without any discrimination. A “unjust” law is one that unfair, inhumane, unethical, and one that is in place for the benefit of one group; a law that does not honor every individual who resides within the law. Laws have been around for a long time, whether social or legal, and they will continue to be around for a long time as well. However, just because laws have been around for a long period of time it does not mean that are “just”. Some laws are considered to be “just” for some while some laws are considered as “unjust” for some. For example,
Examples of __just_________(just/unjust) laws can first be found in the area of Family Law.(family law, property law, personal law). A quotation of Family Law’’if a son has struck his father,his hands
However, he then distinguishes between just and unjust laws, insisting that an individual has both a right and a responsibility to break unjust laws. He defines just laws as those that uphold human dignity, and unjust laws as those that “degrade human personality.” Unjust laws, he argues, hurt not only the oppressed, but also the oppressors, since they are given a false sense of superiority.
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.
Unjust Actions From the beginning of the colonies there was always unrest on whether or not they should be dependent on England. This was a debate that was had amongst colonists since before Thomas Jefferson drafted the Declaration of Independence. Declaring their independence was the colonies last standing offense to the King before he decided that England needed to step in. To the English monarchy, the colonies were unjust in declaring independence from them due to their ownership of the lands where the colonies lie; however speculation may tell Americans today that Jefferson was just in his actions against the crown.
King brings in the question, what is a just and unjust law? A just law is one that promotes good morals and is followed by both the majority as well as the minority of society. Martin Luther King Jr. defines an unjust law as:
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.
An unjust law is a code that a majority inflicts on a minority that is not binding on itself. This difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow, and that it is willing to follow itself. This is sameness made legal. ”(pg5/6 par.14)
Unjust laws and just laws are not defined with federal laws and regulations that many people have in mind. A just law is a universal and natural law that is unchanging and is rooted to bring up the right actions of man kind. An example of a universal law would be the ten commandments, that was given to Moses by God for humanity to be righteous and maintain every human moral. An unjust law is not rooted in eternal or natural law, and is out of harmony which divides and separates individuals from unity. An example of an unjust law would be slavery in America in the late 1800s, which destroyed and
The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping
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.
Justice comes in many form, economically, politically, and culturally. Justice has been explored and has posed with different definition in many eras. It is subjective to everyone and no two people has the same feeling. Individuals throughout society have their own distinctive explanation for justice. A truly just society can happen, but it will never be in a way where everyone will agree. I believe a just society stands with a strong leader that focuses on a unified cultural change in their country for the benefit of the people. King and Machiavelli both pursues a just society with equality between any race, unity, and are an open-minded leader.
What would you do if a new law was passed saying that you can not do anything, even breathing, without paying a fee per action? Most people would go and essentially break the law because this law would be claimed as unjust. In the play Antigone, by Sophocles, we see the character Antigone break the law by burying her brother who was denied a burial. In this play the story starts by Antigone and her sister, Ismene, return to Thebes in the news that their brothers died, the leader of Thebes is their uncle and he denies one of the brothers to get a proper burial and makes it a law to not bury him. Antigone disagrees with the law and takes it into her own hands deciding to bury her brother, when the uncle finds out he is outraged and throws Antigone in jail. When confronted by
As per above analysis, therefore, I strongly agree with assertion that laws can be classified as just and unjust. Yet, a far more important issue to talk about later is what people should do in face of just of unjust laws.
The word just means fair and lawful. A just society means a society where everything is fair. In a just society, justice is ensured by the state. John Rawls has given the following arguments for the concept of justice. He argues that justice is fairness which is an essential component of a democratic society (Rawls, 1999, p. 11). His theory
Whether a society is just or unjust depends on a person’s perspective and beliefs about fairness. The term unjust is derived from the word justice meaning, to be treated or behaving fairly. If a society is unjust, it means it is corrupt and unfair. Consequently, a just society is seen as a fair society. People who are a part of unjust societies can be oblivious to it because they might believe that it is just. For example, many Europeans seen America as an unjust society because of the different rules and laws enforced, but Americans might not agree. In fact, Americans could think that European society is unjust for their ways of life. Essentially, whether a society is unjust or not depends on the person and their beliefs. Around 400 BCE, the philosopher Socrates made his mark on society. In