1. According to MLK, how can we tell the difference between just and unjust laws?
According to MLK, a just law is “a man-made code that squares with the moral law or the law of God” and “uplifts human personality.” An unjust law is “out of harmony with the moral law” and “degrades human personality.”
MLK provides several specific tests to identify unjust laws:
- A law is unjust if it is imposed by a majority on a minority who had no voice in its creation
- A law is unjust when it is not applied equally to everyone (when the majority creates rules for the minority but exempts itself)
- Segregation laws are unjust because they distort the soul and damage personality
- Any law that does not align with eternal and natural law is unjust
King concludes that “one has a moral responsibility to disobey unjust laws” but must do so “openly, lovingly, and with a willingness to accept the penalty.”
2. 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?
Yes, the distinction between just and unjust laws is critically important. For individuals, it provides a moral framework that goes beyond simple obedience to the law and encourages ethical reasoning about when civil disobedience might be necessary. This distinction asks us to evaluate whether laws truly serve justice or merely maintain an unjust status quo.
For society, recognizing this distinction creates a foundation for social progress. It acknowledges that legal systems can contain fundamental injustices that require correction. When we collectively examine laws through this lens, we can better identify systemic injustices and work toward meaningful reform.
This distinction profoundly affects our politics by establishing that political legitimacy comes not just from legal process but from moral content. It shapes political movements, reform efforts, and public discourse about justice. Throughout American history, from abolition to civil rights to today’s movements, the question of just versus unjust laws continues to drive political transformation and progress toward greater justice.
3. 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).
Unjust Law: Laws in certain states prohibiting gender-affirming care for transgender youth qualify as unjust under MLK’s framework. These laws degrade human personality by denying transgender individuals autonomy over their identity and healthcare decisions. They are imposed by majority groups who are not affected by the restrictions, often without meaningful input from the transgender community. They fail to uphold human dignity as they contribute to psychological harm and higher rates of depression among transgender youth. By limiting access to medical care for a specific minority group, these laws create unequal treatment under the law – one of MLK’s key criteria for identifying unjust laws.
Just Law: Marriage equality laws allowing same-sex couples to marry exemplify just laws according to MLK’s definition. These laws uplift human personality by recognizing the dignity and worth of all loving relationships regardless of sexual orientation. They apply equally to all citizens, respecting human dignity rather than degrading it. The establishment of marriage equality involved significant advocacy by those directly affected, and ultimately created equal protection under the law. These laws align with moral principles of equality and are consistent with MLK’s conception of laws that “square with the moral law” by treating all citizens with equal dignity.