by James Henry

Created on: February 27, 2009   Last Updated: March 17, 2009

In order to properly answer this question, we must first examine the question about whether all laws passed are ethical? For example, is it ethical for a dictator to write his own law, stripping citizens of rights that citizens of other countries, such as the United States, often take for granted?

The Social Contract Theory of governing contends that in the state of Nature, humans enjoy complete freedom, but no security. Since it would be impossible to enjoy the freedoms we have without security, human beings entered into social contracts. Through these social contracts, like-minded people agree to give up some of their freedom, and collectivize it, aggregate it, and essentially create a "freedom pool." The freedom pool is the source of legitimacy of the government that has been established to ensure that in exchange for the freedom each person gave up, they receive security.

The government, regardless of whether it is a democracy, an aristrocracy, a benevolent monarchy, or a violent dictatorship, has a responsibility to provide the security its people seek. If, in the course of conducting this pursuit, it is determined that the leader - the agent of the people who contributed their freedom - is not living up to his or her own end of the bargain (i.e.; providing security), not only do the people of that society have a right to rebel against its leader, but they actually have a responsibility to do so.

In that regard, allowing an unjust law to stand unquestioned would be truly unethical. And yet, the law in question is the law of the land. Violators may have to face consequences for their decision to challenge such a law, and the consequences may range from a slap on the wrist to the ultimate penalty of execution. The fact that some people have been found guilty and penalized does not mean they are unethical, or that their actions were unethical. It means they responded, as the Social Contract Theory requires, to an unjust, unethical law that does not provide the requisite amount of security expected of the governmental structure.

Therefore, it is my opinion that there are circumstances where it is ethical to break a law.

Once I worked as a freelance reporter and was asked to cover an event at a nearby nuclear power plant. A group of nuclear opponents was planning a demonstration, with the goal of symbolically shutting down the power plant. Their logic was that if they stood in the roadway leading to the plant, they would prevent employees entry who were needed to

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