Quote by Henry David Thoreau: “Unjust laws exist; shall we be content to obey ...”
Civil Disobedience: King versus Huemer
Smith details the scholarly debate between Lysander Spooner and Wendell Phillips over the constitutionality of slavery. Perhaps the most interesting practical disagreement between Spooner and Phillips concerned the issue of what antislavery judges should do when required by their oath of office to enforce unjust laws supporting slavery. Most abolitionists, including Phillips, believed that judges should resign in these cases, whereas Spooner argued that judges should not resign but should, in effect, nullify proslavery laws by rendering just decisions regardless of what the law may say. This essay explains some features of this fascinating debate. All that we have to do, as Abolitionists , with Mr. He maintains that the Judges of the United States Courts have the right to declare Slavery illegal, and he proposes that they should be made to do so. We believe that, in part, he mistakes fancy for argument; in part, he bases his conclusions on a forced interpretation of legal maxims, and that the rest of his reasoning, where not logically absurd and self-contradictory, is subversive of all sound principles of Government and of public faith.
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. To put it in the terms of St.
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From the SparkNotes Blog
In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy., Posted by Steven Becton on June 15, Most would agree that one of the hallmarks of a successful civil society is an expectation that people will follow the law.
Download this Lesson Plan , including handouts as a pdf. The lesson highlights the vital role that young people played in the campaign. US History, Era 9. Standard 4A: The student understands the "Second Reconstruction" and its advancement of civil rights. Standard III-E. Standard V-B.
After having presented his view of man's individualistic duties as a citizen, Thoreau turns to how citizens should respond to their government's injustices. He says that he does not believe that voting is the proper solution. Voting for justice is not really acting for it. Rather, it is "feebly" expressing your desire that the right prevail. A wise man will not leave justice to the chance of a majority vote.
This observation leads to the realization that these are two inconsistent claims. Yet Aquinas believes that these inconstancies can be reconciled. Throughout the. When discussing the relationship between law and morality I will consider the distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral duty for the society to obey the law. Legal philosophers have tried to provide. Law is fluid. This statement can be interpreted in a number of ways with no exact answer.