Must We Always Obey the Law?
Monday, September 28th, 2009
Socrates and alcibiades
it seems the dilemma of laws over morals is a major one. Perhaps it is because it is one of those things that has no clear line. Somewhere between people who break the laws for fun and those who keep the laws without question there has to be a middle ground. From the center the view has to be a lot different from the views at either radical end. It would have to be one of a careful balance that has been thought out thoroughly and as unbiased as possible. It would be impossible to know that one point in the line could be the most centered point. It would also be impossible to claim that any one person has this perfect perspective because everyone has their own perspective. There are things in this life that are worth breaking the law for and there are cases where laws must be broken for the sake of morality.
The philosopher Thomas Aquinas said:

thomas aquinas
Law does not profit a man unless he obeys it. But the very fact that a man obeys a law is due to his being good. Therefore in man goodness is presupposed to the law. Therefore the law does not make men good.
This goes a long way into answering the question of always obeying the law or not. In the first sentence it is shown that the laws mean nothing and can be of profit to no person at all unless they are obeyed. There are some in the world who believe that laws are unnecessary and that man would be better off without the restrictions of law. They would be wrong because without laws and people to enforce them the weak would be overcome by the strong and the
dumb by the persuasive. Anarchy is in no way a natural setting either. Humans, animals and bugs all have some sort of social agreements with others of their species otherwise their species would not survive. Ants have queens, Animals have packs or other types of groups in which to maintain their species. Humans however because of the complexity of our species the social interactions are also made more complex. We have groups that start at siblings, friends, family, all the way to nation, world view and religion. It is because of the complexity of our species that we need law enforcement, governing bodies and legislators to provide the good of the people or at least as close to good as we can get.
The Thomas Aquinas quote at the end said “the law does not make men good”. This is true because of the fact that a good man is not good because of the law. The law is good or bad because of the man who made it. Even obeying the law is not a sign of a good man it may only signify a man who is scared of the consequences of the law and there is a difference between a good man and one who is scared of law enforcement. A good man obeys the laws because they are moral and follows his moral compass. A man who has no moral compass can still obey the laws. But because he is lacking in morals he won’t know when to break the laws if necessary and may cause harm in inaction.
The reasons for breaking the law must be good. That is, the benefit must outweigh the cost of breaking the law. Socrates said; “neither injury nor retaliation nor warding off evil by evil is ever right.” . In this many would not agree. The causing of harm to someone who would do you harm is not allowed by this principle. Though I would argue that my children who are in my care still should be protected by any means necessary from people who would do them harm. Of course I am not saying that someone who would do little harm deserves a great deal of harm done to him. That is not my case at all, though I would argue that those who would do evil to my mostly defenseless children would be deserving of as little evil as possible to stop them from harming the innocents that are in my care. For that matter it may be said that it would be moral to save someone who is not in your immediate care from harm by doing harm to the perpetrator.
The damage-benefit analysis is a tough one to measure when weighing the law against the moral. For one, if in breaking the law others may feel inclined to do likewise it may not be in the best interest to break it. Also as Socrates said “Do you imagine that a State can subsist and not be overthrown, in which the decisions of law have no power, but are set aside and overthrown by individuals?”. This would be chaos and anarchy. As previously stated it would not be a good thing for people to live that way. Without laws and enforcers only the strong and the smart would have the upper hand and equality would be a word without meaning. The morals of a man should be the first and foremost consideration and the laws perhaps a close second.
Morals could be misconceived in modern cultures to mean values given by our god(s) or holy writings. But I do not mean morals in this way though many do, but I mean morals in the view of a carefully measuring mind to find the value of actions such as do the most good. Things to keep the equation even or towards the good would be considered moral or at least not immoral. Even holy writings can fail the test of morality and more often than people think. The apostle Peter said that Lot was a just and righteous man yet in Genesis, Lot’s way of saving the angels that came to visit him is offering his two virgin daughters to the crowd of people insisting on raping the angels. I don’t think offering ones children to an angry mob to spare angels would be considered moral or should be for that matter.
In The Apology Socrates said that even if his life was saved and his freedom guaranteed he would not give up philosophy and his investigations. He would not give up his life’s work for the last remnants of his life. Or in other words he would rather give up his life rather than admit to doing wrong where he feels he did none. That decision contributes to the truthfulness and morality of his life. The fact that he would rather die than to break his morals is testimony of his conviction to his beliefs.
In conclusion, morality is more important than law. Law is for a base morality that sometimes does more evil than good but for the most part laws are in place to keep the majority of people on a basic morality. But one’s morality should be paramount to the laws of his nation. The choice between obeying the law and being true to one’s morals is by no means an easy question. But with contemplation and a good moral compass the truth is that the law has and will need to be broken. The morals that one lives by should never be compromised for the sake of the law or the sake of one’s life.
Poor Richard

