A Quote by Martin Luther King, Jr.
A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up the state's segregation laws was democratically elected?
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In a democracy - even if it is a so-called democracy like our white-?litist one - the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.
A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.
There are two types of laws: there are just laws and there are unjust laws... What is the difference between the two?...An unjust law is a man-made code that is out of harmony with the moral law.
One who breaks an unjust law that conscience tells him is unjust ... is in reality expressing the highest respect for law ... We will not obey your evil laws.
The Constitution is not a law, but it empowers the people to make laws... The Constitution tells us what shall not be a lawful tender... The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States... The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States.
One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ' an unjust law is no law at all.
Society today is no longer in revolt against particular laws which it finds alien, unjust, and imposed, but against law as such, against the principle of law. And yet we must not regard this revolt as entirely negative. The energy that rejects many obsolete laws is an entirely positive impulse for renewal of life and law.
For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.
I found Viola Desmond was the first woman whose case was taken up in the courts, and it wasn't that she tried to sue them for throwing her out of the theatre; it was that they took the law and used it to arrest her. That was really shocking to me. We had no laws in Canada actually requiring segregation, like they did in the United States. But here we had people using the law - the amusements tax act - to enforce segregation, and our courts allowed them to do that.
The doctrines thus delivered we call the revealed or divine law, and they are to be found only in the holy scriptures.. are found upon comparison to be really part of the original law of nature. Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these.
There comes a point at which a law can be so unjust it is necessary openly, lovingly and with a willingness to accept the consequences to refuse to comply with a greatly unjust law.
[Before the Civil Rights Act of 1964], many governments in southern states forced people to segregate by race. Civil rights advocates fought to repeal these state laws, but failed. So they appealed to the federal government, which responded with the Civil Rights Act of 1964. But this federal law didn't simply repeal state laws compelling segregation. It also prohibited voluntary segregation. What had been mandatory became forbidden. Neither before nor after the Civil Rights Act were people free to make their own decisions about who they associated with.
The only thing that can set aside a law as wrong is a better law, or an idea of a better law. And the only thing that an give a law the quality of better or worse is the concrete result which it promotes or fails to promote.
There was never a time you could get the majority of people in Alabama or Mississippi, or even southern Delaware, to vote to end segregation. What changed things was the rule of law, the courts. Brown v. Board of Education was ushered in by a movement, but it was a legal decision.
If anything had or could have a value equal to gold and silver, it would require no tender law; and if it had not that value it ought not to have such a law; and, therefore, all tender laws are tyrannical and unjust and calculated to support fraud and oppression.
National law has no place in cyberlaw. Where is cyberspace? If you don't like banking laws in the United States, set up your machine on the Grand Cayman Islands. Don't like the copyright laws in the United States? Set up your machine in China. Cyberlaw is global law, which is not going to be easy to handle, since we seemingly cannot even agree on world trade of automobile parts.
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