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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.
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It would therefore be a good thing for us to obey laws and customs because they are laws: to know that there is no right and just law to be brought in, that we know nothing about it and should consequently only follow those already accepted. In this way we should never give them up. But the people are not amenable to this doctrine, and thus, believing that truth can be found and resides in laws and customs, they believe them and take their antiquity as a proof of their truth (and not just of their authority, without truth). Thus they obey them but are liable to revolt as soon as they are shown to be worth nothing, which can happen with all laws if they are looked at from a certain point of view.
A strict observance of the written laws is doubtless one of the highest virtues of a good citizen, but it is not the highest. The laws of necessity, of self-preservation, of saving our country when in danger, are of higher obligation. To lose our country by a scrupulous adherence to written law would be to lose the law itself, with life, liberty, property and all those who are enjoying them with us; thus absurdly sacrificing the end to the means.
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In nations where it exists, every individual takes an equal share in sovereign power and participates equally in the government of the state. Thus he is considered as enlightened, virtuous, strong as any of his fellow men. Why then does he obey society and what are the normal limits of his obedience? He obeys not because he holds an inferior position to those who run the administration or is less capable than his neighbor of self-government but because he recognizes the usefulness of his association with his fellow men and because he knows that this association cannot exist without a regulating power. While he has become a subject in all the mutual duties of citizens, he remains master in his own affairs where he is free and answerable only to God and his action. Out of that grows the general truth that the individual is the sole and best placed judge of his own private concerns and society has the right to control his actions only when it feels such actions cause it damage or needs to seek the cooperation of the individual.
I have always held it an opinion (making it also my practice) that it is better to obey a bad law, making use at the same time of every argument to shew its errors and procure its repeal, than forcibly to violate it; because the precedent of breaking a bad law might weaken the force, and lead to a discretionary violation, of those which are good.
When I so pressingly urge a strict observance of all the laws, let me not be understood as saying there are no bad laws, or that grievances may not arise for the redress of which no legal provisions have been made. I mean to say no such thing. But I do mean to say that although bad laws, if they exist, should be repealed as soon as possible, still, while they continue in force, for the sake of example they should be religiously observed. So also in unprovided cases. If such arise, let proper legal provisions be made for them with the least possible delay, but till then let them, if not too intolerable, be borne with.
All students, members of the faculty, and public officials in both Mississippi and the Nation will be able, it is hoped, to return to their normal activities with full confidence in the integrity of American law. This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted. Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.
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