Ask yourself this question before you read ahead; “When I wake up every morning, and do not decide to kill everyone that has got me upset in the past, is it just because the law says I should not kill or there is something more to it? With proper recollection we find out that most times we do good even independently of the law’s demands.
Every society comprises of its people and its laws that guide them. Laws are believed to be principles that guide the actions of a state. I was once faced with the question of whether as citizens we are obliged to obey the law even when unjust. To this, there are some points we actually have to run through and get straight. ‘What is a law?’ ‘How do we classify just and unjust laws?’ “Are we obliged to obey laws?’
What is a Law?
Many people believe they actually know what the law is. However, we should not take it for granted that we do. We must question ourselves on what we know the law to be. According to ancient Greek philosopher, Plato, “law is reasoned thoughts.” Plato rejected the view that the authority of law rests on the mere will of the governing power. Through a detailed discussion and reason is the attempt of a people to develop a systematic code to govern a society or state. This means that the law should be a consequence of reason and an attempt to ensure that matters of the state are properly and equally addressed. John Austin, a legal philosopher on the other hand argued that “Law is the aggregate set of rules set by a man as politically superior or sovereign to men, as political subjects” Therefore according to him, what makes a law is simply that it comes from a competent authority.
Just and Unjust Laws
We could progress then by asking; are there unjust laws? Going through historical valley there have been cases of opposition to law, wherein some citizens argue that certain laws were unjust. So, it is possible that there are indeed unjust laws. The next question therefore is, how do we know what law is unjust? One bearing on which many scholars and philosophers may all agree on is that the ideal of every law is in the natural law. Natural law is a system of right common to all humans which takes primary roots from nature and can be deduced through reason. For instance, it is accepted in all cultures that murder or stealing is wrong and should be punished. Therefore, just laws should accordingly, follow the ideals of natural law.
ccording to the medieval Christian thinker, Thomas Aquinas and Muslim medieval thinker Ib Sina, believed that there are laws of nature which cannot be violated and that any human law must draw be rooted in the natural law. Therefore, any law that degrades human personality and goes against natural law is unjust. A just law however is rooted on natural law, serves the state and uplift human person.
Are We Obliged to Obey Unjust Laws?
Man is obliged to follow the general laws of the state. According to ancient Greek thinker, Socrates, since we enjoy the protection and benefits of the law, it is only right that we comply with its general demands. However, in as much as the laws are made for the state, and every citizen by virtue of societal values is mandated to obey them, it should not be put aside that ultimately; every individual is the sole authority regarding his own behavioural conduct. Putting this into consideration, when laws are unjust, they can therefore be seen as a limitation of individual’s rights of freedom.
Ask yourself this question before you read ahead; “When I wake up every morning, and do not decide to kill everyone that has got me upset in the past, is it just because the law says I should not kill or there is something more to it? With proper recollection we find out that most times we do good even independently of the law’s demands.
Martin Luther king Jr. in his letter from Birmingham Jail stated; “An unjust law is no law at all.” This was stated while addressing his fellow black men who were victims of racial discrimination in the law system. On this ground, it can clearly be seen that such laws (laws that promoted racial discrimination) are only an infringement on human rights. With this, a clear statement can now be made; man is not obligated to obey unjust laws.
In a reflective sense, when we do good most times, it is not always as a result of the law. The law at this point only seeks to maintain the good we do. When the laws supposed to protect a human person and dignity begins to serve as a threat, then such a law is indeed no law at all. Individuals are therefore not obliged to obey the law when it is unjust. However, this does not give a full-length obligation for such individuals to disobey unjust laws. When a group or a person is under the bondage of an unjust law, there should rather be a move for some form of restructuring of such a law.