Question 1
MLK in his letter to the clergymen asked the question: “How can you advocate breaking some laws and obeying others?” He answered stating there are two types of laws, just and unjust. “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”. He further explained stating, “An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority”.
Question 2
It is my strong view that the answer to the question of the difference between the two laws mentioned in MLK letter gave a clear understanding of both with distinct descriptions. Just is based on or behaving according to what is morally right and fair.
“a just and democratic society” Conversely, unjust is based on conduct that is wrong, immoral and unfair. Segregation was WRONG!! An unjust system perpetrated on the vulnerable and helpless by the powerful.
A society that is ruled by a set of unjust laws creates the temperature of the environment that existed in the MLK era. It demoralized, creates a perpetual tension between class, a sense of oppression by the hands of those who enact such laws that are unjust, unfair and simply wicked. Such laws limits individual freedom and stun any progress or opportunity to achieve a better way of life. It is a good thing in retrospect that our laws today for the most part, both federal and state are based on equal rights and justice for all.
Any laws enacted by our legislators that appeared to be unjust to society generally meets a backlash in some form either through protest, or one using the right to vote to remove and replaced such political parties that fail to meet the will of the people. Politics will forever be affected as the only channel and voice a citizen to demonstrate their approval or disapproval off the performance of their political leaders is to vote.
Question 3
In the U.S today Child Marriage is currently legal in 46 states. Whereas the minimum age of marriage in most states is 18 years old, there are exceptions to these laws, either through judicial approval or parental consent. In a 2017 research by The Denver Post it was noted, that approximately 248’000 child marriage of girls as young as 12 years old was performed between 2000 through 2010.
Federal law does not specify a minimum age to petition for a foreign spouse or to be the beneficiary of a spousal visa. A kindergartener must wait until she is 21 to petition for her parents to come to the US, but she can legally petition, during naptime, for her 80-year-old husband to get a visa and, in most states, permission to rape her without fear of prosecution.
MLK position of an unjust law states, “An unjust law is a code that is out of harmony with the moral law”. Child Marriage therefore is an unjust law as it forced a child into marriage or union with an adult violating the very human right of the child. This is also a violation of international law that prohibits this process, yet it continues to rob thousands of young girls in the US under 18 depriving them of their childhood.
Child marriage is a forced marriage that is a harmful practice that denies girls of their right to make essential life decisions regarding sexual health and their well being. Child Marriage law, forces a child out of education and into a life of poor projections, with an increased risk of violence, abuse, ill health or early death.
Just law: Family Medical Leave of Absence
The Family Medical Leave of Absence (FMLA) allows eligible employees of companies to which they are covered to take unpaid, job-protected leave for specified family and medical reasons. This allows continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Here is some of the benefit the law dictates:
Twelve workweeks of leave in a 12-month period for:
- The birth of a child and to care for the newborn child within one year of birth;
- The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- To care for the employee’s spouse, child, or parent who has a serious health condition;
- A serious health condition that makes the employee unable to perform the essential functions of his or her job;
- Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
This law is a just law as it applies to all without prejudice. As MLK stated “A just law is a man-made code that squares with the moral law or the law of God”.