- An unjust law according to MLK, is any law that degrades a person, setting their value as less than. It breeds inequality and infringes on the basic human rights. A just law, consecutively, is a law that is in accordance with, or strengthens, moral code. a law that emphasizes equality and human worth.
- This is a substantially important idea, and especially during this time as 6 of our lawmakers have recently featured in a video advocating for members of the military community to disobey an unlawful order. While an “order” and a law are very different things, they are two sides of the same coin as an edict issued by an authority, followed by the ordinary man. As the issues that spark these debates persist in our government today, it is important to remember that instead of questioning unjust laws and unlawful orders, blindly following them would have had the full power of segregation on our necks today, women would not be able to vote, let alone be appointed to places of authority in the government, and we would still have oppressive child labor. Society can only move forward when ordinary people look at an unjust law and say, “this is not my world”.
- One example of an unjust law in the US is the bail system; In most U.S. states, people arrested for a crime must pay cash bail to be released while awaiting trial. If they can’t afford it, they stay in jail, even though legally they are innocent until proven guilty. This is incredibly unjust because it punishes poverty and rewards the rich, distorting equality and harming the persons dignity. those who do not have the money for bail cannot do anything but stay incarcerated until your case is resolved, while those with the money go free while the case is processed and held.
One example of a just law is The Americans with Disabilities Act, which prohibits discrimination against people with disabilities and requires public places, employers, and transportation systems to be accessible. This is just because it strengthens equality to a group that had long been denied access and opportunity and it uplifts the human condition by ensuring people with disabilities can participate fully in society.
Discussion Board 13.1
According to MLK, the difference between a just and unjust law is mostly about if the law respects human dignity. A just law lines up with moral law and treats everybody equal. It helps people, not hurts them. An unjust law is one that goes against moral law or puts one group down while another group doesn’t have to deal with the same thing. MLK also says a law is unjust if the people impacted by it didn’t really have a voice in making it.
I do think this distinction matters a lot. When laws are fair, people trust the system more and feel like they belong in society. But when laws are unfair, it makes people frustrated and they don’t feel protected. I also think it affects politics, because so many arguments are basically about what is fair or unfair. When enough people think a law is unjust, that’s when protests happen and voting changes and stuff like that.
For an unjust law today, I think cash bail is a good example. Using MLK’s idea, it’s unjust because it ends up hurting poor people way more. Two people can be charged with the same thing, but only the one with money gets to go home. It’s not really equal and it doesn’t respect everyone the same.
For a just law, the Civil Rights Act is still a good example. It protects people from discrimination and tries to make sure everyone gets treated equal in work, schools, and public places. That lines up with MLK’s idea of a just law because it’s based on fairness and treating people with dignity.
Discussion Board 13
- According to MLK, how can we tell the difference between just and unjust laws? Understanding this questions is the most important part of this module, and I will ask it again during our second exam.
- In your view, is this an important distinction (between just and unjust laws), do you think it makes a difference in the way someone (as an individual, or our society as a whole) lives their lives? Can it affect our politics?
- Based on our discussion of Question 1, give an example each, of an unjust and just law, in the US today. Explain what makes it unjust or just (using MLK’s definition of those two types of laws).
