Letter From Birmingham Jail
What is the different between the two? How does one determine whether a law is just or unjust?
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Dr. King distinguishes between just and unjust laws, insisting that an individual has both a right and a responsibility to break unjust laws. He defines just laws as those that uphold human dignity, and unjust laws as those that “degrade human personality.” Unjust laws, he argues, hurt not only the oppressed, but also the oppressors, since they are given a false sense of superiority (175).
He then speaks specifically of segregation, describing it as unjust. Because it is a law that a majority forces the minority to follow while exempting itself from it, it is a law worth breaking. Further, because Alabama’s laws work to prohibit black citizens from fully participating in democracy, the laws are particularly unjust and undemocratic. Next, he adds that some just laws become unjust when they are misused. For instance, the law prohibiting “parading without a permit,” which he was arrested for breaking, is a just law that was used in this case solely to support the injustice of segregation (175-176).