by Free » Sun 04 Dec 2005, 15:25:19
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')I'm really surprised how few people said they would oppose an unjust law.
The problem is: How do you define an unjust law? If in your personal opinion it is unjust, it doesn't necessarily mean that it is unjust from the point of view of the majority, or, even more importantly, the constitution.
This is exactly why a constitution is so important, because it it defines the borders, the limits of the single laws, and the power of the state vs. the individual. It is the last safeguard against short tempered, maybe emotional and irrational opinions of a majority. (read Hannah Ahrendt on this, she sees the constitution as the "king" of a democracy)
This includes the perceived injustice of a law by an individual.
Of course you have always the catch 22 that a constitution can be unjust as well, after all it is the work of men and not gods, and the environment of the constitution changes constantly.
This is why the possibility has to exist to alter the constitution, but that it has to be much more difficult than issuing a law.
Of course there are very difficult dilemmas:
Take Nazi-Germany for example - it was perfectly legal to commit what we today see as the worst crimes, while it was illegal to oppose them.
At some point some people make the decision to oppose the state, because they see it as unjust. Who is right then? Well, the safest would be to say: The winner in the resulting civil war.
Take Iraq for example: Today, if you are an "insurgent" you are regarded as a criminal by the current government - if they manage to overthrow the government everything will be reversed.