WEEK 12

Under what conditions is it morally justified to break the law?

In what sort of cases would you endorse civil disobedience? In your answer, think about 1) how you would define the idea of an unjust or immoral law. Would you agree with St. Augustine that 'an unjust law is no law at all'? and 2) what cases (if any) would count in your view as legitimate uses of civil disobedience? For some examples, take a look at the Wikipedia article on civil disobedience.

I will speak mostly in relation to the Letter from Birmingham Jail, because I have studied it in two classes so far and Martin Luther King's civil disobedience is truly important to me. First, there has to be an injustice present in order to bring justice to it. In Birmingham, Alabama, they legally separated people by race and mistreated, humiliated and threatened people for their skin color. This is what MLK describes as an unjust/immoral law, meaning it does not match with the natural ethical guideline of respecting the lives of all human beings, no stealing, burning or murder. In fact, he claims it is a moral obligation to disobey these kinds laws because it disrupts the peace of a true just community. He wrote this letter in response to other clergymen (priests/pastors) because they commented he should not be involved in a fight that was not his. MLK explained that civil disobedience must happen because of the injustices committed against his people, and although Birmingham was not his city, one problem in a city will eventually spread to the entire country. 

I do agree with St. Augustine and MLK, a law makes no sense if they go against the commandments of God/morals of human beings. This being not to kill, hate, steal, or cheat. And this was legally possible with the Jim Crow Laws, many black churches were burned, many were killed or beaten in non violent protests or simply for being in the wrong section. And children were not allowed to have fun in amusement parks like the other children who were in favor of the law. That is miserable and has caused stress and trauma for so many families, especially being involved in non-violent protests, attempting to resolve their issues peacefully. People like MLK and Malcom X were seen as criminals in the public eye, the president at the time said he would restore "Law and order" when in fact, these leaders were fighting against a law that was unjust. 

Another example of Civil disobedience is for instance, The Grandmothers of the Plaza de Mayo in Buenos Aires, Argentina. During the Dirty War, the government kidnapped many students and any people who were against their political views, and put them in concentration camps to torture. Some of the women captured had babies and the babies were given to government officials who wanted to have children. These children grew up not knowing they were stolen. However, the grandmothers of these children still remember their children and grandchildren (some people survived) and march around the center of the main street. They still demand for their children to be returned today, and the horrible thing is, there are no government officials that have been imprisoned for this. Some grandmothers have found their children and grandchildren, others are still searching, always marching on Thursdays, checking in with the police station, and joined by others. In the beginning, they were forbidden to do this and were going to be beaten, but once more people joined Argentina saw this could not be controlled and they are now allowed to march. 

However, justice is still not there because their children are still missing without a trace.