What is a just and unjust law?
What are some examples of unjust laws in the us?
I think that the drinking age is an unjust law because you can go to war, vote, drive, and smoke ,but you can not drink. I think that is unfair.
What is an unjust law?
As St. Augustine said 'an unjust law is not law at all.' In other words, an unjust law would be a law, that takes away ones freedom, or causes harm, or basically just causes chaos. Which is the exact opposite of what a law is put in place to do. ---------------- (From "Why We Can't Wait" Letter …from the Birmingham Jail - by Martin Luther King Jr.) 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. ... Any law that uplifts human personality is just. Any law that degrades human personality is unjust. ... 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. 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 difference made legal. Let me give another example. A law is unjust if it is inflicted on a minority that, as a result of being denied to vote, had no part in enacting or devising the law. ... Can any law enacted under such circumstances be considered democratically structured? Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest. ( Full Answer )
How can you tell if a law is just?
You can tell if a law is just by noticing if it follows the Amendments
A refusal to obey unjust laws?
This is an interesting question and I doubt if many people give it much thought. The question is usually dealt with in courses in jurisprudence. Note that a law, even a properly enacted law nee not be moral. A proper law can be quite immoral. There have been and continue to be laws in most countries… that one could question the morality of. There are jurist who would argue that any good law must be moral and should coincide with morality these jurists belong to the natural law school. They would argue that if a law does not coincide with our understanding of good then such a law cannot be described as a law properly so called. On the other had there are jurists such as Jeremy Bentham who argue that once a law has gone through the proper due process and has been properly enacted then regardless of the questionable morality of such an enactment the law is the law and should be obeyed. At the Nuremberg trials after the Second World War for example the courts were faced with the many dilemmas One of the main ones was how to deal with people who no doubt had committed appalling act which according to the prevailing law in their jurisdiction at the time the acts were committed were perfectly legal acts. The tribunal took the view that natural law should prevail and that no one not least senior Nazi officers were not duty bound to carry out such despicable acts..
I am in a great hurry now but I will edit this answer later..
Tanti saluti ! ( Full Answer )
In law terms what does unjust enrichment mean?
Unjust enrichment means that one party was enriched wrongfully at the expense of another party. While some states do not allow unjust enrichment as a cause of action by itself, states that do, and Federal Law, generally adhere to the requirement that the following factors be proved for a case of unj…ust enrichment:\n.
\n1. An enrichment\n.
\n2. An impoverishment\n.
\n3. A connection between enrichment and the impoverishment\n.
\n4. Absence of a justification for the enrichment and impoverishment\n.
\n5. An absence of a remedy provided by the law ( Full Answer )
What is unjust law?
Unjust law is a phrase used to describe a group or someone of powerwho enforces a law but does not obey the law themselves. An examplewould be a police officer who speeds for no reason or does not usetheir seatbelt.
What are some examples of commonly considered 'unjust' laws throughout the world?
According to Jesus Christ / Yeshua Ha Mashyiach, those laws that take the substance owned by widows and orphans are unjust. Any law that is an unjust burden to the bearer is unjust. Any laws that are not based in the word of God are unjust. All just laws are supported by scriptural principle. Cri…minal case witnesses in the Bible had to have at least two witnesses that agreed in their testimony to convict a person of an offense. This was just because if the witnesses were found to be false witnesses, to lie, they would receive the same punishment as would have been executed upon the accused if he had actually done the offense. Therefore the laws on perjury lack much in justice. ( Full Answer )
What is an example of an unjust law?
One example of an unjust law is the fact that homosexuals stillcannot get married in some states within the US. Another example ofan unjust law is the CISPA law, which violates US citizens privacy.
What was Gandhi's response to unjust laws?
"An unjust law is itself a species of violence. Arrest for its breach is more so.".
The general meaning of this quotation being that a law that is placed on unfair terms is a type of violence and the arrest for it is even more unjust.
What is a just law?
The Bible is a great place to start the hunt for just laws. Otherwise, examples are hard to find of just laws in society today. Even lawyers specialize.
Is it lawful to regard only just laws?
No. The laws that are used and enforced in a country are so because the people in power have deecided that they are just. It is not up to individuals to decide which laws are just and which are not; otherwise, anarchy ensues as, for example, someone decides it is not just for a person to have three …TVs when they do not have one themselves and that they should have one. Justice is a matter of perspective. ( Full Answer )
Any pollution law is unjust because it necessarily violates people right to liberty and right to property Discuss?
I disagree, because my right to fresh air and a clean environment outweighs your (or anyone else's) right to pollute it
Can Any pollution law is unjust because it necessarily violates people right to liberty and right to property?
Conversely, is pollution just because emitting pollution violates people right to life? Many pollutants are toxic to life.
What book of the Bible includes the text the rain rains on the just and the unjust?
I believe the verse you are referring to is Matthew 5:45, which is found right after Jesus gives His Sermon on the Mount, also known as the Beatitudes. Jesus is telling us to LOVE and pray for, not hate our enemies. Matthew 5:43-48 (NASB) .
43 "You have heard that it was said, 'YOU SHALL LO…VE YOUR NEIGHBOR and hate your enemy.' 44 "But I say to you, love your enemies and pray for those who persecute you, 45 so that you may be sons of your Father who is in heaven; for He causes His sun to rise on the evil and the good, and sends rain on the righteous and the unrighteous. 46 "For if you love those who love you, what reward do you have? Do not even the tax collectors (sinners) do the same? 47 " If you greet only your brothers (fellow Christians), what more are you doing than others? Do not even the Gentiles (non Jewish, non believers) do the same? 48 "Therefore you are to be perfect (Holy), as your heavenly Father is perfect (Holy). Please Note: We are all sinners, no one is perfect. Jesus voluntarily died on the cross for us, so our sins could be washed away. God cannot look upon sin, and we as sinners have no other way, except through Christ, to God. Jesus presents us to God, His Father and Ours. Also - look at: 1 Peter 3:18 ... For Christ also died for sins once for all, the just for the unjust , so that He might bring us to God,... Your question falls into the category of "Why things happen to good and to bad people?" The Bible has much to say about this subject. The Bible is a whole book and should be studied as a whole. Make sure in your studies not to single out certain verses or take verses out of their context, but to study the entire context of the subject you are researching. Hope this helps with your studies. . ( Full Answer )
What is a peaceful way to object a law considered unjust?
There are many ways to initiate a change in a law peacefully. A simple way to start might be to write a letter to the editor of a local newspaper. Another way is to start a petition. Writing letters to elected representatives can also be helpful. To get a government to change a law usually requires …the support of many people. Starting an organization for that purpose is also a good way to effect change. A more expensive way might be to challenge the validity of the law in court. ( Full Answer )
What are some examples of unjust laws in the world history?
for example, there were some provisions in the Magna Carta which stated that if an Engineer makes a house and latter on it collapses, then the Engineer should be headed, etc, or some laws of the Greek and Roman Empires which allowed the discrimination on the basis of sex, race, origin, etc.
What are examples of unjust laws?
Orders to torture people. Laws that unfairly discriminate against people. Laws that date back centuries and are cruel and have no place in today's society. As St. Augustine said 'an unjust law is not law at all.' In other words, an unjust law would be a law, that takes away ones freedom, or c…auses harm, or basically just causes chaos. Which is the exact opposite of what a law is put in place to do. ---------------- (From "Why We Can't Wait" Letter from the Birmingham Jail - by Martin Luther King Jr.) 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. ... Any law that uplifts human personality is just. Any law that degrades human personality is unjust. ... 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. 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 difference made legal. Let me give another example. A law is unjust if it is inflicted on a minority that, as a result of being denied to vote, had no part in enacting or devising the law. ... Can any law enacted under such circumstances be considered democratically structured? Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First-Amendment privilege of peaceful assembly and protest. ( Full Answer )
Do unjust laws tend to be broken by otherwise law abiding citizens?
You are confusing Law and Morality (or Ethics). A law may or may not be "just" -- that's your ethical judgment about it. Your question cannot be answered: one man gathers what another man spills. A law abiding citizen breaks no laws, by definition. It is part of our collective social contract that w…e abide by the law, whether we agree with it or not, or even if we know what it is. If one doesn't like a law, he or she should seek to change it, through political activity. Some laws are solid -- the vast majority of people are in agreement with them -- others are sketchy -- less people are in agreement. These things shift over time. Different people will find different laws just or unjust, or even the same law in a different situation . . . . Is it wrong to steal? Yes. Is it wrong to steal if your child is starving and there is simply no other way for you to get him or her food? I don't know. ( Full Answer )
What does Thoreau say you generally do when presented with an unjust law?
respond with Civil Disobedience. Revolt and rise. Prison in the only place for a truly free man. It is a righteous place to be. When bailed out Henry David Thoreau was asked, "what are you doing in here?" he replied, "I believe the question is, what are you still doing out there?"
What are 'unjust laws'?
unjust laws means laws that are not just,unfair,cruel or bad laws.The existence of law is a must , but it also must be just and humane,man made law,should never turn into bad laws,inglorious or unjust law.when and where law turn glorious or bad.
The refusal to obey unjust laws?
The question must mean "unjust" in the opinion of the individual(s) violating them. Depending on the way the "refusal to obey" manifests itself it would either be a crime or it would be civil disobedience
In Civil Disobedience what should a citizen do about an unjust law?
Contact your legislators (state or federal) and urge the repeal of the law that upsets you.
What if the president enforces an unjust law?
To quote a current sitting US Supreme Court Justice: "Nothing prevents Congress from passing a stupid law." Laws are either Constitutional (i.e. they adhere to the restrictions put forth in the US Constitution), or they are not. The ultimate decider of this question is the US Supreme Court. But t…hat is the SOLE criteria for laws. Thus, it is entirely possible for Congress to pass (and the President sign ) a law which is stupid, crass, unfair, or unjust, so long as the Supreme Court agrees that the law does not violate any Constitutional principle. Now, the vast majority of laws which the average person would consider "unjust" would fall afoul of the Constitutional principles of Equal Protection under the Law or Due Process. In general, the President (and through him, the Department of Justice) is obligated to enforce laws that have been passed. That is, the President's change to declare the (proposed) law unjust and unenforceable came BEFORE it was signed into law by him. Afterwards, as the properly passed law, the President is obligated to enforce it. There are two exceptions to this obligation, one which is reasonable, one which is dangerous. The first is when the Constitutionality of the law is up for challenge - that is, when there is an active court case moving through the Federal judiciary regarding the law in question. Sometimes a Federal judge will declare that the law is to be suspended until the case has been completely resolve (a preliminary injunction against enforcement). Here, the President CANNOT enforce the law, as it is suspended until the case is resolved. In other cases, the President may decide that the court case has a good chance of prevailing and overturning the law, and that the prudent thing to do is to have the DoJ suspend enforcement until the case is finished. This situation is totally at the discretion of the President. The second case where a President may decline to enforce a law is through what is called a "Signing Statement" - this is a declaration that the President makes during the signing of a bill (passed by both houses of Congress) into law, where the President makes statements about how he will direct the DoJ to enforce (or not enforce) the law. Legally speaking, this is exceedingly grey, and, in the opinion of many Constitutional scholars, unConstitutional, as the President is not supposed to be unilaterally deciding which laws to enforce or how to interpret the laws. Back to the original question: if the law in question has been declared legal by the courts, the President MUST enforce it, whether it is just or not. Citizens have the option to protest and stage civil disobedience, but the President does not - he is NOT empowered to make determinations of legality of laws. ( Full Answer )
What is ajust law an unjust law?
The justice is not in the law, the justice is in it's administration. Even a most just law can be enforced and adjudicated unjustly.
How did Martin Luther King jr respond to unjust civil law?
Martin Luther King Jr. use speeches and other forms of non-violent protests to get the unjust laws changed.
Can a law be unjust and just at the same time. If so can you name an example?
absolutely. basically, any law that makes some people pay for another person's dumb mistake or choice. take, for example, the law that now prohibits Baltimore county high school students from having after parties outside the county. this rule was made simply because there was a curfew enforced in th…e city, and last year some students were "caught" just waiting outside for a ride or walking around (something like that). not only were they not doing anything dangerous, but because of this students now pay for it by being restricted to county borders for prom. ( Full Answer )
If the president enforces an unjust law what can Congress do?
Remem ber there is a distinction between "unjust" and "unConstitutional". If a law has been declared Constitutional (either by an explicit ruling of the Judicial branch, or, by a lack of any legal challenge to it's Constitutionality), then the President is legally obligated to enforce that law. A …legal law does not have to be "just". Because "just" is a social concept, not a legal one. And, of course, remember that Congress originally passed that law, so if someone considers it unjust, then it's really Congress' fault, not the President. The President is NOT responsible (in the legal sense) of being at fault for enforcing any law. Of course, the ultimate answer is that Congress should pass a new law replacing the old one. The President isn't King - he (or she) does not get to decide which laws to enforce and which to ignore. He must enforce ALL legal (Constitutional) laws, and complaining that laws you don't like are being enforced by the President isn't the President's fault. ( Full Answer )
When did Thomas Jefferson say If a law is unjust a man is not only right to disobey it he is obligated to do so?
The above quote is a paraphrase from the 5th sentence of the United States' Declaration of Independence: But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw o…ff such Government, and to provide new Guards for their future security..
Jefferson, Thomas. The Declaration of Independence . 1776. Retrieved from http://www.archives.gov/exhibits/charters/declaration_transcript.html on 15 March 2012. Most of Jefferson's text was "borrowed" from John Locke's Second Treatise on Government , with the above from Section 225 of Locke's essay: Secondly, I answer, such revolutions happen not upon every little mismanagement in public affairs. Great mistakes in the ruling part, many wrong and inconvenient laws, and all the slips of human frailty, will be born by the people without mutiny or murmur. But if a long train of abuses, prevarications and artifices, all tending the same way, make the design visible to the people, and they cannot but feel what they lie under, and see whither they are going; it is not to be wondered, that they should then rouze themselves, and endeavour to put the rule into such hands which may secure to them the ends for which government was at first erected; and without which, ancient names, and specious forms, are so far from being better, that they are much worse, than the state of nature, or pure anarchy; the inconveniencies being all as great and as near, but the remedy farther off and more difficult..
Locke, John. Two Treatises Of Government . London, England, 1689. Retrieved from http://files.libertyfund.org/files/222/0057_Bk_SM.pdf on 15 March 2012. ( Full Answer )
Was the trail of tears just or unjust?
The trail of tears was unjust because the british took over their land without letting the natives have a say. They basiclly just walked onto their property and said get out.
How can you consider same-sex marriage as an unjust law?
If you are a homophobe. The reason why it is considered to be an "unjust law" is the massive amount of religious conservatives who believe they must carry on whatever their religions 'require'. Notice how many references are made to the bible when said homophobes attempt to justify their biast answe…rs. ( Full Answer )
Is it right to disobey an unjust law?
To obey an unjust law is to give legitimacy to a law thus giving it precedence over morality and ethics : the "Moral Imperative" prevails . Added: Ummmm . . . WHAT'd they say????? Nice quote, but somewhat unreponsive to the question, dont'cha think? "Unjust" as defined by WHOM? You disobey… any law at your peril. The very essence of our system of government is that citizens are called upon to be governed by rules and law. If everyone were to interpret the law in their OWN way, is the definition of Anarchy. If you feel strongly enough to become a test case, do what you think is right for you, but .. . be prepared to pay the consequences. ( Full Answer )
Is it your responsibility to rebel against and break an unjust law?
No. That is not your responsibility. Whether or not a law is unjustis open to interpretation and people always disagree as to theunjustness of various laws. Some people think tax laws are unjustand the government has no right to tax its citizens. Others thinkthat belief is childish since we elect la…wmakers and give them theauthority to pass laws for us . . . and we all know that taxesbring all kinds of benefits to all the citizens of the country. Forexample, tax objectors all use the roads that have been built withthe proceeds from taxes. You have no obligation to rebel and break an "unjust law"until you have carefully studied the issue and all its facets, knowexactly what you expect to accomplish and want to sacrificeyourself to a long, drawn out battle and possible arrest. Inextreme situations "unjust law" objectors place themselves andothers in grave danger. It would be better to contact yourlegislators first and express your concerns to them. No. That is not your responsibility. Whether or not a law is unjustis open to interpretation and people always disagree as to theunjustness of various laws. Some people think tax laws are unjustand the government has no right to tax its citizens. Others thinkthat belief is childish since we elect lawmakers and give them theauthority to pass laws for us . . . and we all know that taxesbring all kinds of benefits to all the citizens of the country. Forexample, tax objectors all use the roads that have been built withthe proceeds from taxes. You have no obligation to rebel and break an "unjust law"until you have carefully studied the issue and all its facets, knowexactly what you expect to accomplish and want to sacrificeyourself to a long, drawn out battle and possible arrest. Inextreme situations "unjust law" objectors place themselves andothers in grave danger. It would be better to contact yourlegislators first and express your concerns to them. No. That is not your responsibility. Whether or not a law is unjustis open to interpretation and people always disagree as to theunjustness of various laws. Some people think tax laws are unjustand the government has no right to tax its citizens. Others thinkthat belief is childish since we elect lawmakers and give them theauthority to pass laws for us . . . and we all know that taxesbring all kinds of benefits to all the citizens of the country. Forexample, tax objectors all use the roads that have been built withthe proceeds from taxes. You have no obligation to rebel and break an "unjust law"until you have carefully studied the issue and all its facets, knowexactly what you expect to accomplish and want to sacrificeyourself to a long, drawn out battle and possible arrest. Inextreme situations "unjust law" objectors place themselves andothers in grave danger. It would be better to contact yourlegislators first and express your concerns to them. No. That is not your responsibility. Whether or not a law is unjustis open to interpretation and people always disagree as to theunjustness of various laws. Some people think tax laws are unjustand the government has no right to tax its citizens. Others thinkthat belief is childish since we elect lawmakers and give them theauthority to pass laws for us . . . and we all know that taxesbring all kinds of benefits to all the citizens of the country. Forexample, tax objectors all use the roads that have been built withthe proceeds from taxes. You have no obligation to rebel and break an "unjust law"until you have carefully studied the issue and all its facets, knowexactly what you expect to accomplish and want to sacrificeyourself to a long, drawn out battle and possible arrest. Inextreme situations "unjust law" objectors place themselves andothers in grave danger. It would be better to contact yourlegislators first and express your concerns to them. ( Full Answer )
Should DOMA be unjust or just?
The 1996 Defense of Marriage Act ("DOMA"), like all federal laws, should be just. Unfortunately, it is not.
Are copyright laws just?
Copyright laws attempt to create a balance between individual rights and the public good by creating exclusive rights, but providing numerous exceptions to them. The intent of the law is good; it is in the interpretation that problems can occur.
When did ANC launch the campaign for the defiance of unjust law?
In July 1951, the ANC (African National Congress) announced that a Defiance Campaign was to be launched in April 1952. It officially started on the 26th of June 1952, a date now remembered in South Africa as Freedom Day.
Why was Jim crow laws considered unjust and illegal?
Because they segregated Blacks and Whites but they did not follow the statement 'separate but equal' which was decided at the court case of Plessy vs. Ferguson. The black community was widely underfunded.
What word is a compound word mountain freedom brother-in-law unjust?
Brother-in-law is a compound noun; a word made up of two or mare words that from a word with its own meaning.
What is the difference between defying the law and breaking an unjust law?
Basically, the difference is your motivation. Breaking an 'unjust' law is called civil disobedience, and some very brave and principled people have done this to the benefit of us all. I put quotes around the word unjust because there is necessarily a personal judgement about whether or not a law is …'just'. In some cases it may seem obvious, like the heroic defiance of Rosa Parks. In some cases, an individual or a small number of people may be more interested in the fact that a law is simply inconvenient to them and is not necessarily unjust. In democracies, society as a whole determines what kind of laws will hold, and it is the nature of law that the actions of people will be restricted from time to time in order to bring about the greater good. In either case, someone engaging in civil disobedience will have to accept ahead of time the consequences of violating the law, and even correct civil disobedience will not always produce the desired result quickly. So someone engaging in civil disobedience is doing so because of a real conviction that a law is itself harmful to everyone . A person just defying the law is interested in self-gain without regard for the people as a whole. ( Full Answer )
Why did colonists believe tax laws imposed by British parliament were unjust?
The colonists believed that the British imposed taxes were unjust because they were taxing molasses and sugar which was a very clever way of taxing rum. this pissed them off because that was all that most people drank because the water would get people very sick.
Can there be legal cases in which the law is unjust?
Yes. Lawmakers are only human, and they can make unjust laws quite often. Many of the racially related laws from the segregation/civil rights era were unjust. If a black man and a white woman kissed, he was breaking the law, though she wasn't.
What is unjust vexation in Philippine law?
The Philippine law called "unjust vexation" is a law that is usedas a catch all for crimes they don't know what to do with. It isunder the penal code 2nd Paragraph of Article 287 and is punishedby arresto menor or fined by 5 pesos to 200 pesos or both.
Was the Hamburger Hill battle just or unjust?
Battles are neither just nor unjust, although sometimes wars can be described in those terms. The battle at Hamburger Hill was a battle between two groups of soldiers in a war, no civilians were involved or injured.
Can a person be jailed with just a case unjust vexation?
Yes. But unjust vexation is eligible for probation. I mean thereare a lot of clogged jails so it will be better to put someone onprobation and pay taxes rather than eating up peoples' taxes.
Why are people silent about a law they may find unjust?
There could be a number of reasons. Perhaps the people live in acountry where dissent and protest are harshly punished. Perhapsthey live in a place where the government and the courts are socorrupt that the average person believes there is nothing that canbe done. Sometimes, people are silent becaus…e they believe no-onewill listen to their concerns. And sometimes, they are silentbecause they don't know where to begin-- the law seems so unjust,and the problem seems so overwhelming that they are hesitant totake any steps, for fear of making a bad situation even worse. And then there is "groupthink," referring to the tendency of manypeople to conform to whatever their friends are doing, in order togain the approval of the group. So, certain people might feel a lawis unjust, but their friends don't seem concerned at all; given atotal lack of support, some people decide to just go along with thecrowd-- under those circumstances, they believe it's more importantto be liked by their friends than to take a stand that might beseen as controversial and might alientate the group. ( Full Answer )
Who fought unjust laws by breaking them?
There are many individuals and groups that do this. Defiance of anunfair law is a common method of bringing attention to it, as longas the person doing it is willing to pay any consequences that maycome. An example of this is Rosa Parks. During the Civil RightsMovement, she refused to sit on the bac…k of the bus, where she asan African-American woman was required to sit. She was arrested forit, but wore a small proud smile in her booking picture. ( Full Answer )
What are the release dates for Pulitzer Prize Playhouse - 1950 The Just and the Unjust - 1.26?
Pulitzer Prize Playhouse - 1950 The Just and the Unjust - 1.26 was released on: USA: 20 March 1951
What are the release dates for Pulitzer Prize Playhouse - 1950 The Just and the Unjust 1-26?
Pulitzer Prize Playhouse - 1950 The Just and the Unjust 1-26 was released on: USA: 20 March 1951
What are the release dates for Kraft Television Theatre - 1947 The Just and the Unjust 10-15?
Kraft Television Theatre - 1947 The Just and the Unjust 10-15 was released on: USA: 26 December 1956
How does Martin Luther King Jr distinguish a just law from an unjust law?
Just and unjust laws : According to Dr . Martin Luther King Jr . .. . Should it not be so that a judge decides what laws are just andwhat laws are unjust
The belief that the will of most of the people will be just more often than it will be unjust is called?
The belief that the will of most of the people will be just moreoften than it will be unjust is called majority rule. It is notminority rule, compromise, or autocracy!