...Jr.‘ Natural Law Theory Comp. 102 Date: 6/5/2013 Paradoxically, Martin Luther King, Jr., “Letter from the Birmingham City Jail,” Initially uses classical natural law theory to define his actions, but immediately thereafter contradicts a fundamental tenet of this theory and relies on a “weaker” version of natural law. In doing so, King must attempt to formulate a theory which justifies his illegal actions in view of his moral obligation to obey the law. King’s failure to distinguish between legal obligations and moral obligations yields a logical paradox in his final formation of natural law theory. However, Kings theory need not be completely rejected if his argument is slightly modified to reject the moral obligation to obey laws. King initially uses classical natural law theory as his rational basis to defend his actions. This theory has two main point of views, the first being,” Moral Validity; is a logically necessary condition for legal validity an unjust or immoral law being no law at all” followed by, “The moral order is part of the natural order moral duties being in some sense “read off ” from essences of purpose fixed (perhaps by God) in nature.” According to this theory, morality law, but law that equals morality by definition. Thus for King to use this theory, two requirements are implicit. He must assert that an unjust law is not really a law, and he must provide a moral theory to distinguish just and unjust laws. King first quotes...
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...changed the legal landscape of American abortion law. The result of the ruling required abortion to be legal for any woman; regardless of her age and for any reason during the first seven months of pregnancy, and for almost any reason after that. ("Status of Abortion in America"). In the Roe v. Wade case, Roe (Norma McCorvey), had claimed she was gang raped and attempted to have an abortion in Texas. ("Roe and Doe"). After hearing the case, the Supreme Court ruled that an American’s right to privacy included the right of a woman whether or not to have children, and the right of a woman and her doctor to make that decision without state interference, at least in the first trimester of pregnancy. ("Celebrating 25 Years of Reproductive Choice"). The moral issue of abortion—whether or not it is murder—has been debated since it was legalized in 1973. Roe v. Wade has been one of the most controversial Supreme Court decisions of the 20th century. ("Roe No More"). More than two decades since the Supreme Court first upheld a woman’s right to abortion, the debate over the morality and legality of induced abortion continues in the United States. ("Abortion," Encarta 98). Abortion is one of the most divisive and emotional issues facing United States policy makers today. ("Economics of Abortion"). The people who are in favor of the Roe v. Wade decision and the right to have an abortion are called "pro-choice." They believe that the government does not have the right to interfere on a woman’s...
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...convicted for the wrong reasons, the laws are just. In this essay, I will examine both arguments given by Crito and Socrates. Crito does not start with very strong arguments to persuade Socrates. His first argument is that if he does not escape, he will not only lose a close friend, but people will be left to believe that instead of using his money to save Socrates, he selfishly did not help him. For this Crito would lose his reputation and be looked upon in bad light. His second argument is telling Socrates that he would be able to live happily somewhere outside of Athens. He makes it known that he has friends in places such as Thessaly, and that they would ensure his safety and wellbeing. Crito's final argument seems to be his strongest. He calls Socrates a coward and fool. "No man should bring children into the world who is unwilling to preserve to the end in their nurture and education" (PUT MARK). Here Crito is feeling as though Socrates is taking the easy way out in not escaping. Betraying not only his own life, but betraying his children's lives. Though all three of these arguments seem valid, none of them seem relevant to whether escaping prison is right or wrong. Socrates dismisses Critos arguments, for the opinions of many do not matter in considering a decision of such importance. The only concern of Socrates is whether or not his escaping prison would be just. Socrates doesn't necessarily try to question Crito's logic, but he does try to convince him of why he feels...
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...Laws have an indisputably important function in modern societies, providing order and structure to society by restricting or mandating certain behaviors and actions. Rule of law is the foundation on which peace rests, and respect for the law allows cooperative, trusting, and prosperous societies to develop. Throughout history, however, laws have been created with less-than-altruistic intentions. The powerful often use legislation to advance their interests and oppress their enemies—it is no surprise that those who make the rules often benefit the most from them. Lawmakers do not always have selfish intentions, but neither are they always benevolent. Rather, the process of creating rules for society is a complicated process that does not have...
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...to create logical reasoning that is supported by sources and give his claims more credibility. He supports his logical reasoning that he is allowed to break some laws because laws are unjust and just. He uses the definition of unjust and just laws by Christian philosophers. Therefore he can break the unjust laws because they are laws that are “out of harmony with the moral law (or the law of God as mentioned in the previous sentence).” He, also, refutes the logic used in “A Call for Unity”. They say that because the action of peaceful protest precipitates violence it should be condemned. He asks, “Isn’t this like condemning a robbed man because his possession of money precipitated the evil act of robbery?” He is appealing to the logical reasoning of the reader and also rejecting the logical appeals of his...
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...Hammurabi’s code was it just or unjust? Hammurabi’s code was a set of 282 laws that were written by the king of Babylon Hammurabi in 1792 BCE. He said that he was told to write and enforce those laws by the god Shamash. Hammurabi was the only person who could change the laws. There are three areas of law where Hammurabi’s Code can be shown to be unjust. These are family laws property laws, and personal injury laws. Examples of injustice can first be found in the area of family law. First, law number 129 states that if a woman is caught cheating that she and the person whom she cheated with will be tied up and drowned. Second, law number 195 states that id a son hits his father that the consequence to his actions is that he will have his hands cut off. These examples show tat Hammurabi’s Code was unjust because the laws that Hammurabi created for families were too harsh. Hitting your father should not result in your hands being cut off, although it does deserve a punishment the one in place was too strict. Also cheating on you significant other does not need to be punished by death....
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...the fourth bold claim and that question being how does one have a life of meaning and purpose? People’s opinions of justice and injustice vary widely across...
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...Morals Versus Laws in The Eyes of King In the mid twentieth century, America was full of segregation and inequality between the blacks and whites. One man did everything in his power to get equal rights for the races until it eventually killed him, literally. Martin Luther King, Jr. was a man who dedicated his entire life striving towards African American equality. Without using violence, King fought hard and strong for what he believed in, and was passionate about, which was civil disobedience, that is defined as a peaceful form of protest. Practicing civil disobedience addressing his demands for racial equality landed Martin Luther King, Jr. a spot in Birmingham Jail. The incarceration resulted in a large amount of free time which he used to complete a lengthy letter addressing the clergymen who criticized his actions, calling them untimely and unwise. These criticisms did not sit well with King and therefore, he formulated “Letter From a Birmingham Jail.” Although long winded, Martin Luther King, Jr. uses repetition, in “Letter From Birmingham Jail” to his benefit, in addition with ethos and pathos to sway his audience and develop his reasons for his civil disobedience. Ending at an astounding eleven pages, Martin Luther King, Jr. covers a great amount of information throughout “Letter From Birmingham Jail”. The length of this letter most likely was due to the fact he was locked in a cell with nothing better to occupy himself with, King admitted himself...
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...When should civil disobedience be justified? Civil disobedience is defined as the refusal to obey government laws, in an effort to bring upon a change in governmental policy or legislation. Civil disobedience is not an effort to dissolve the American government, because without government our society would result in chaos. Sometimes, when there is an unjust law and the government won't take the initiative to fix it, the public must act as civil disobedient to bring awareness and fix the unjust law. There have been times when citizens have felt the need to revolt against the government because of an issue that is unjust. There were such cases during the time of Dr. Martin Luther King Jr. and Henry David Thoreau made such actions to prove their point. Civil disobedience is justified when its goal is to obtain equal rights and service for everyone, without causing physical damage to people and their property, and without breaking the just laws that are already enforced. It should only be practiced when the government fails to uphold justice and fix laws that don't allow everyone the equal rights already given to some. In his essay, "Civil Disobedience" Thoreau wrote in 1849 after spending a night in the Walden town jail for refusing to pay a poll tax that supported the Mexican War. He recommended passive resistance as a form of tension that could lead to reform of unjust laws practiced by the government. He voiced civil disobedience as "An expression of the individual's liberty to...
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...Throughout “Letter from a Birmingham Jail”, King makes a similar statement about civil disobedience and the law. He states that civil disobedience must occur after four steps are taken. Collection of facts to determine whether there are injustices, negotiation, self purification, and direct action must occur before civil disobedience transpires. He argues that “there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes an injustice when it is used to maintain segregation” (5). Ultimately, a law becomes unjust when it promotes injustice. This is when civil disobedience can occur as laws that promote segregation and inequality are unjust. King appeals to a higher law whenever a command of the state conflicts with his moral principles. Natural law can be described as King’s guide to civil disobedience. When the state does not conform with natural law, civil...
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...assignments Review the Paraphrase and Summary PowerPoint and complete the exercise on slide 4. Original Passage: You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask, “How can you advocate breaking some laws and obeying others?” The answer is found in the fact that there are two types of laws: there are just laws and there are unjust laws. I would agree with St. Augustine that “An unjust law is no law at all.” Source: King, M. L., Jr....
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...war we are engaged in to me is unjust but it’s my civic duty to my country to go and fight. After learning about Socrates I begin to think what would he tell me? Socrates being a man of principles would tell me to go and serve my country on the front lines. He would let me know that this country has given me all that I have earned; all that I have gotten why now would I turn my back to them if I agreed to live in this country all this time. Today I believe even though there is no “draft” there is still a big dilemma when we go to fight in wars that many people may have. It s funny to hear people complain about all the wrong or unjust things we as a country are doing in the wars we are actively involved in today but they do not complain about the society they live in with freedoms, equality and the pursuit to happiness. I would go and put my reservations aside to serve my country if drafted. To me it would be what I owe to the place that allowed me to prosper, educated me and groomed me. After reading the Crito it’s so many things we take for granted that is provided to us. No one is held against their will in most of today’s society to stay in the country they live. They may not have the means to leave but they are not forced. When your country come calling whether it’s to be a productive citizen or to become a solider I believe it’s your duty and what is owed to them to answer. In the case of Socrates I believe it would have been unjust for him to escape. He said it himself...
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...Marsha Lucero Professor Jennifer Strong English 1101 03 Mar 2015 Unjust vs. Just Laws Unjust laws have made criminals out of innocent people. Laws implemented during the Civil Rights era, such as segregation, made it illegal for people of color and white people to share the same water fountain. It was also illegal for any colored person to sit in front of the bus because those seats were reserved for the white people. Naturally, those with a conscience felt it was necessary to tear down the walls of segregation, which only resulted in brutal beatings from police or being thrown in jail. So then, why break the law? Because it’s human nature to act according to one’s conscience, regardless if one’s actions are deemed illegal by the government. “Letter from Birmingham Jail,” written by Martin Luther King, Jr. defines unjust and just law, which can be used to argue that prohibiting same-sex couples to elope in marriage is unjust. Some would argue that permitting same-sex marriage will ruin the sanctity of marriage, but an increase in divorce rates contradicts that argument. Essentially, just how sacred is marriage when celebrities like Kim Kardashian are getting a divorce after 70 days of marriage or when Elizabeth Taylor can move from one marriage to another. In contemporary society, we change husbands and wives as often as we change our socks. The point is prohibiting same-sex marriage is unjust because like segregation it, “distorts the soul and damages the personality...
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...claiming that they do understand where they are coming from. They want to see people standing up for what they want. By sitting around waiting for the change, nothing is really going to happen. They want people to act right now, and by being in the middle, or neutral, the change will only be delayed even more. Both activists acknowledge those who remain neutral, saying that they understand where they are coming from. Neither of the authors show anger toward a specific people, however, they urge them to evaluate their decisions and wish they would change their ways. They wish to see people being and thinking individually. This is the only way to free themselves from the conforming ways of society. To incite and see change, one has to show rather than tell. If one wishes to see a change, they must act upon it right then and there. Waiting around for a “right time” will not benefit anyone. What if the “right time” never comes? Trying to make a change won’t hurt, but not trying to make a change at all...
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...Kyle McCrite Ms. Vaughn English 102-01 14 September 2009 Someone Else’s Shoes Martin Luther King’s (MLK) “Letter from Birmingham Jail,” was written in 1963 as a response to the Eight Alabama Clergymen’s public statement against King’s actions in April of that year. Martin Luther King Jr. was an activist for desegregation of the south in the early 1960s and overcame much adversity to attain incredible gains on the segregation issue in the United States. King uses effective persuasive appeals of logical evidence, emotional appeal, and author credibility to win over his audience in “The Letter from Birmingham Jail.” MLK’s writing shows the effects of segregation in Birmingham with clear direct language and heart wrenching examples. Imagine being put in his position. If your family and friends were being treated cruelly and unjustly would you not help them in any way possible, especially if included in the mistreated group? After reading MLK’s letter, maybe you would see things in a different way with his convincing examples of logical and emotional appeal. Martin Luther King proves his credibility by several factors. The first way King proves he is a credible author is the fact that he is in the Birmingham jail. He is arrested while protesting in the city. The reader can believe that MLK is writing about something that he is well versed in because he shows that he has experienced it firsthand. Another way that Martin Luther King shows he’s plausible is by stating “I have...
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