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An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law

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In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.

One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty.

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No society can exist unless the laws are respected to a certain degree, but the safest way to make them respected is to make them respectable. When the law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law — two evils of equal magnitude, between which it would be difficult to choose. It is so much in the nature of law to support justice that in the minds of the masses they are one and the same.

No society can exist if respect for the law does not to some extent prevail; but the surest way to have laws respected is to make them respectable. When law and morality are in contradiction, the citizen finds himself in the cruel dilemma of either losing his moral sense or of losing his respect for the law, two evils of which one is as great as the other and between which it is difficult to choose.

Jamás he sido partidario de atentar contra la ley o eludirla como harían los secesionistas fanáticos. Eso nos llevaría a la anarquía. Quien desobedece una ley debe hacerlo abiertamente, amorosamente […] y estando dispuesto a aceptar el castigo. Sostengo que el individuo que infringe una ley por creerla sinceramente injusta y acepta voluntariamente el castigo quedándose en la cárcel para agitar la conciencia de la comunidad en cuanto a su injusticia, está de hecho expresando un enorme respeto por la ley.

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When the law interferes with people's pursuit of their own values, they will try to find a way around. They will evade the law, they will break the law, or they will leave the country. Few of us believe in a moral code that justifies forcing people to give up much of what they produce to finance payments to persons they do not know for purposes they may not approve of. When the law contradicts what most people regard as moral and proper, they will break the law — whether the law is enacted in the name of a noble ideal such as equality or in the naked interest of one group at the expense of another. Only fear of punishment, not a sense of justice and morality, will lead people to obey the law.

When the law interferes with people's pursuit of their own values, they will try to find a way around. They will evade the law, they will break the law, or they will leave the country. Few of us believe in a moral code that justifies forcing people to give up much of what they produce to finance payments to persons they do not know for purposes they may not approve of. When the law contradicts what most people regard as moral and proper, they will break the law—whether the law is enacted in the name of a noble ideal such as equality or in the naked interest of one group at the expense of another. Only fear of punishment, not a sense of justice and morality, will lead people to obey the law.

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Genuine respect for law is the result of possessing something which the law exerts itself to guard. Should it happen that you possess nothing, and that your education in metaphysics has been grievously neglected, the strong probability is that your mind will reduce the principle of society to its naked formula: Get, by whatever means, so long as with impunity.

So why should people respect and obey the law? There are, of course, many answers, but the answer I gave myself is this: we can ask people to obey the law if it is the best approximation to justice. Which implies that we are duty bound to listen to criticisms of the law, and make sincere efforts to make the law better, and correct mistakes as much as possible. Justice is the soul of the law without which the rule of law descends to the level of rule by force, even if it is force by majority.

In the first place, it would efface from everybody’s
conscience the distinction between justice and injustice.
No society can exist unless the laws are respected to a cer-
tain degree, but the safest way to make them respected is
to make them respectable. When law and morality are in
contradiction to each other, the citizen finds himself in
the cruel alternative of either losing his moral sense, or of
losing his respect for the law — two evils of equal magni-
tude, between which it would be difficult to choose.

The criminals who, in the face of contumely, hatred or violence, have led the world to a higher standard and brought humanity to a diviner order, have so loved truth and righteousness as to defy the law, and in every age these men have met the life of outcasts, and the death of felons. Whatever may be said of the necessity of government to protect itself, no one can believe that any human being merits punishment for following his own highest ideal. Punishment can only be in any wise defended upon the theory that the individual is untrue to himself, that his heart is bad. But all schemes of human punishment seem specially contrived to exempt this class of men. Those who are untrue to themselves find no difficulty in obeying the state, or at least in seeming to be subservient to its laws. The cunning man without strong convictions of right and wrong can always find ample room to operate his trade inside the dead line the law lays down. Even Blackstone wrote that a man who governed his conduct solely by the law was neither an honest man nor a good citizen. The penal code cannot pretend to cover all the vicious acts of men. If there is a distinction between vicious acts and righteous acts, each are so numerous that even to catalogue them would be beyond the power of the state.

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