Is Law Just Or Unjust Research Paper
In order to decide whether a law is just or unjust, we must first delve into the logic of laws established in the past. Since the United States came into existence, laws have come and gone, sometimes addressing very specific circumstances which no longer apply to the modern rules of our government. In today’s society, these outdated laws may seem bizarre, but at some point in time they were believed to be important. A numerous amount of these laws have fallen off the books years ago or perhaps were nullified by new sets of laws that are more relevant in today’s society. Nevertheless, these strange laws existed and, whether or not their rationale is known, they were actually written down for a legislature to agree on and pass at one point in
time. Understanding the reasoning behind laws created in the past that are still enforced and those that no longer stand, will better prepare people to decide if a law is just or unjust. Many people do not agree with some of the statutes and regulations that are enforced by the government, but they are there and have been argued various times between different parties. Sometimes the best decision is not made at the end of these arguments causing unjust laws to be put in place. On April 12, 1963, Dr. Martin Luther King, Jr. sat in a jail cell in Birmingham, AL for coordinating nonviolent actions against segregation. In his now famous Letter from a Birmingham Jail, Dr. King wrote “An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal” (Austin 2015). As he so eloquently points out, the difference between a just and an unjust law is the equal application of the said law. The unjust application that Dr. King references is the basis of the American Civil Rights Movement where the white majority was not held to the same standards as colored minorities.
time. Understanding the reasoning behind laws created in the past that are still enforced and those that no longer stand, will better prepare people to decide if a law is just or unjust. Many people do not agree with some of the statutes and regulations that are enforced by the government, but they are there and have been argued various times between different parties. Sometimes the best decision is not made at the end of these arguments causing unjust laws to be put in place. On April 12, 1963, Dr. Martin Luther King, Jr. sat in a jail cell in Birmingham, AL for coordinating nonviolent actions against segregation. In his now famous Letter from a Birmingham Jail, Dr. King wrote “An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself. This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal” (Austin 2015). As he so eloquently points out, the difference between a just and an unjust law is the equal application of the said law. The unjust application that Dr. King references is the basis of the American Civil Rights Movement where the white majority was not held to the same standards as colored minorities.