POLS 220

Under What Condition Are Citizens Justified In Breaking The Laws

Of Their Nation?

Citizens should have the right to hold office; they should have the freedom of
speech and assembly, freedom of property; and freedom from subjective arrest. Citizens
are justified in breaking the laws of their nation if they feel that their civil liberties are in
jeopardy.
1. People are not only entitled to their liberty or freedom but will do anything to
get it. As the U.S. Constitution says everyone is entitled to, Life, liberty, and the
pursuit of happiness.
A. Liberty Constant says, Is a right to be subjected only to the laws, and to be neither
arrested, detained, put to death or maltreated in any way (Constant).
B. Constant later goes on and says that it is, Everyones right to exercise some
influence on the administration of the government (Constant).
C. Constant also mentions that, [We] were ready to make many a sacrifice to preserve
their political rights and their share in the administration of the state (Constant).
Warrant: People will make sacrifices in order to get what they think is freedom or their
liberty.
Socrates says that, If any one of you stands his ground when he can see how we
administer justice and the rest of out public organization, we hold that by doing he has in
fact undertaken to do anything that we tell him; and we maintain that anyone who
disobeys is guilty of doing wrong (Plato). Socrates believes that if a person does not like
the laws in a country he or she should move somewhere else. On top of that a person
must follow the full extent of the law in whichever state he or she lives in. However it is
Thoreaus philosophy that the people should create the government. Thoreau says that,
That government is best which governs not all; and when men are prepared for it, that
will be the kind of government which they will have. (Thoreau).
2. People should have the freedom of choosing what is best for them. If that is not
possible to obtain citizens should be able to fight for their desires.
A. Hobbes says in Leviathan that, That every man, ought to endeavour peace, as
far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use
all helps and advantages of war (Hobbes).
B. There will never be a really free and enlightened State until the State comes to
recognize the individual as a higher and independent power, from which all its own
power and authority are derived, and treats him accordingly (Thoreau).
Warrant: More democracy will enable more freedom. With more freedom people
will have a chance do what they desire.
In Crito Socrates says, You do not have equality of rights with your father..
(Plato). Although Socrates believes that individuals must abide with the ruler (ex.
State), the ruler does not know what each individual wants and can not promote
individual happiness. The state serves its own needs instead of the needs of others.
3. A law that is unjust should not exist in a democratic government. If there is an
unjust law individuals should oppose it and not follow it.
A. Martin Luther King Jr. says that, There are just laws and unjust lawsAn
unjust law is no law at all. (Jr.)
B. King later says that, Any law that degrades human personality is unjust (Jr.)
C. Kant also has the same ideas as Martin Luther King Jr. Kant goes by saying
that, For if the law is such that a whole people could not possibly agree to it (for
example, if it stated that a certain class of subjects must be privileged as a hereditary
ruling class), it is unjust (Kant).
Warrant: Unjust laws enforce inequality because they degrade society.
Kant explains that if a law is unjust but people could agree with it then the law
automatically becomes just. He explains, But if it is at least possible that a people could
agree to it, it is our duty to consider the law just (Kant). If Kants statement was true
then how many people are needed to consider a law just.




Bibliography
Constant, Benjamin. "Political Writings." Political Thought. n.d. 122.
Hobbes, Thomas. "Creating Leviathan." Political Thought. Oxford Readers, n.d. 56.
Jr., Martin Luther King. "Letter from Birmingham City Jail." Political Theory. n.d. 84-
85.
Kant, Immanuel. "Kant: Political Writing." Political Theory . n.d. 64.
Plato. "Crito." Political Thought. n.d. 78.
Thoreau, Henry David. "Walden." Political Thought. n.d. 81-83.