by Lucius Trae

Created on: December 17, 2010

Jurisprudence involves studying the theory and philosophy behind law. Questions like "is breaking the law ever ethical" are still debated by philosophers, political scientists, and lawyers alike. While there is by no means universal agreement, there are strong reasons to believe breaking the law "can" be ethical.

Before discussing when law-breaking is justified, it's important to recognize that the entire debate assumes actions can be unethical. Moral skeptics may fail to see the point of asking the question, but they are working from a different perspective. If you ask people to interpret a religious text, they might say "I don't believe in that particular religion." In the same way, debating what actions are ethical requires one to accept an ethical standard (or assume one is true for the sake of argument).

There are many different perspectives on what make an action ethical or unethical. It is not necessary to resolve that issue in order to show when breaking the law is justifiable. Preventing people from unnecessary harm is something most people value. A person who decides to assault innocent people should be stopped, for instance.

Despite all the criticism towards "criminals," the majority of thinkers accept that breaking the law can be ethical. They simply have different opinions on when it is acceptable to break the law. Why would someone obey a law they feel is unjust, such as a law requiring you to wear pink hats wherever you go? It's a relatively silly law, but it's still unfair for society to limit your freedom? Do you disobey the law?

According to some, the legal system is a form of contractual agreement. We accept that in order to gain the benefits of living in a orderly society, we may be required to obey laws we dislike. Thomas Hobbes believed that without government and law, people would be constantly killing one another. We develop laws and agree to obey them because the alternative is worse. If our life is put at risk, however, then it may become acceptable to violate those laws.

Another reason to obey the law is to preserve its integrity. When a parent tells their child to finish their vegetables, it undermines their instructions to have other parents enforce different rules. People have different views on such matters, but when it comes to laws for everyone, we need to preserve their integrity. Imagine if everyone disobeyed the laws they felt were unjust? Even with punishments, it costs people money to fund police and other enforcers.

Imagine

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