Whether laws are necessarily ‘right.’

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I asked a listener on chat, but I’d very much like some more opinions. Just to say that this is hypothetical, it simply came up as a topic of contention between myself and someone. Do you think that laws should automatically be followed or that the situation is the deciding factor?

Category: asked May 18, 2013

4 Answers

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No law is good simply because it exists. Think about it; nearly 100 years ago, women were not recognized as 'persons' until the Persons Act. African-American men and women could not ride horses or enter certain establishments before the civil war. As was mentioned, under the command of the 3rd Reich, the Jewish people were lawfully discriminated against, robbed, evicted, tortured and murdered. Biblical law states that if a man rapes a woman, the appropriate punishment is that he marries her...which actually still happens today. And on a slightly more controversial note, marijuana and other drugs remain illegal despite their contribution to organized criminal activity.

I am by no means saying that all laws are bad; that would be stupid. We as people do our best to build rules to help everyone as best we can, and these rules are constantly modified and changed...or at least they are supposed to be. That is the shining beauty of democracy: nothing is eternally set in stone. Different people can change wrong or ineffective laws as they see fit.

Of course, this also goes the bad way. When our laws are based upon public perception, bad things are bound to happen. A PERSON can be sharp, level headed and logical; PEOPLE are inevitably doomed to be stupid, panicked and illogical.
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Most of the times laws should automatically be followed as well, they are laws and if they are broken, you get arrested.. etc.
Personally, I feel that the situation is the deciding factor as different situations call for different measures.
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The situation matters. Laws are there because in general, following them is the best choice for a situation. In some cases, like murder, that's never a good choice. But for moral grey areas, the law is not always what is "right" in terms of what is moral. But you've got to have a good reason to break them because society falls apart if people ignore laws for no good reason.
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I do not think that all laws are right or just. Anyone can made rules or laws. It is very possible to be doing the just thing by breaking a law. Nazis were very lawful, but far from moral.But... I think MOST laws are put in place for a reason. You really just have to go with your gut for making the right decision.