[clue-talk] The War On...?

[Collins Richey]

On Thu, 30 Dec 2004 17:01:56 -0700, Jeff Cann <j.cann at isuma.org> wrote:

> 
> My point is that obeying unjust laws - laws which violate the conscious of
> society - is paramount to getting them changed.  There are many examples of
> this in history.  Just sitting back, 'trying to change them' is not always
> effective especially when you need to put the world's spotlight on them.
> 

I'm confused. You probably meant NOT obeying?

In any case, I have difficult with the whole Thoreau, "civil
disobedience" thing.

It's pretty clear that the laws that forbade blacks to have an equal
share in society were unjust laws and worthy of disobedience. Any
rational person except for certain Southerners and Afrikaaners can see
that.

The problem comes in when you extend that concept to "anything the
person who is disobeying the law finds objectionable." I'm not really
exaggerating much. Where does the rule of law stop and anarchy take
over? Who is going to decide what is an unjust law?

Examples: 

The law provides for awarding custody of minor children to a single
parent in a divorce. The other parent decides that he/she would rather
have custody and takes off with the child[ren]. The offending parent
is jailed. The law is clear. Is it a just law?

The law allows police to haul off to jail groups of people who are
blocking the streets and interfering with fire service, etc., just to
get across their politically dissident viewpoints. Just think of the
hordes that descended on the Republican convention (or the Economic
Summit in Seattle) and afterwards screamed "police brutality." The law
is clear. Is it a just law?

The law allows musicians and corporations who publish musicians
materials to make a profit from sale of their works. Many people
violate the rights of these entities by copying and/or redistributing
these works without paying a royalty. Some of the violators suffer
fines and/or jail time. The law is clear. Is it a just law?

I am not especially fond of most speed laws, and I violate them from
time to time. The consequences are: I get speeding tickets. The law is
clear. Is it a just law?

I could continue in this vein. 

There is always going to be a conflict between rule of law and those
who would prefer not to be law abiding. Civil disobedience has to be
tempered in a non-anarchic society.
 
-- 
 Collins