In the justly famous “Letter from Birmingham Jail,” Martin Luther King Jr. elaborates a compelling schema for distinguishing just laws from unjust ones. According to King, a just law is a man-made code that conforms to moral or divine law. He says that any law that uplifts and respects human persons is just. In contrast, an unjust law represents a code that is discordant with the moral law and diminishes human dignity. King additionally posits that an unjust law is characterized by a majority imposing it upon a minority while exempting itself from its obligations. Furthermore, a law to which a minority group did not contribute in its creation or formulation, yet is required to adhere, is deemed unjust. For example, King points out that a law is just if it applies to all people equally and is unjust if it applies to one group but exempts another, often marginalizing and discriminating against minority groups. In this framework, King underscores the ethical obligation to also resist unjust laws non-violently since they are in fundamental contradiction with principles of justice and equality.

The distinction between just and unjust laws is undeniably important and has a significant impact on individuals and the greater societal structure. By knowing and respecting that distinction, individuals can critically evaluate the laws by which they are governed, thereby encouraging active and informed citizenship. Such knowledge acts as a moral compass for individuals to know when to follow and when to challenge the statutory laws in place, fostering a society that continually moves toward justice and equity.

A modern example of an unjust law in America would be certain voter identification laws that unjustly prejudice minority groups, low-income individuals, and elderly citizens. Martin Luther King Jr. explained that an unjust law is a code inflicted by a majority upon a minority that itself the majority is not bound by. In this context, voter ID legislation places significant obstacles on particular demographics, thereby undermining their rights to vote and contravening the fundamental principle of equal participation within a democratic framework. Such regulations contribute to disparities and perpetuate an imbalance of power by marginalizing the perspectives of certain segments of society.