An unjust law is a code that a numerical or power majority group compels a minority group to obey but does not make binding on itself This is difference made legal. By the same token, a just law is a code that a majority compels a minority to follow and that is willing to follow itself. This is sameness made legal.
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How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts the human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority.
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There are two kinds of laws: man's and God's. A man-made code that squares with the moral law, or the law of God, is a just law. But a man-made code that is inharmonious with the moral law is an unjust law. And an unjust law, as St. Augustine said, is no law at all. Thus a law that is unjust is morally null and void, and must be defied until it is legally null and void as well. Let us not forget, in the memories of 6,000,000 who died, that everything Adolf Hitler did in Germany was 'legal', and that everything the Freedom Fighters in Hungary did was 'illegal.'
One may well ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal, but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that "an unjust law is no law at all."
There are in existence two distinct ideas of justice. We say that an award is unjust when it penalizes the innocent, rewards the guilty, or when, in general, it fails to be meted out in exact proportion to the merit or guilt in question. On the other hand, we say that a division is unjust when it favors some at the expense of others. In this second adaptation of the term, the idea of justice implies only the idea of equality. In the first acceptation of the term, the notion of justice is inseparable from that of the reward and punishment, and is defined by the correlation between acts and their retribution.
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In one important sense of the word it is a paradigm case of injustice if a court declares someone to be guilty of an offence of which it knows him to be innocent. More generally, a finding is unjust if it is at variance with what the relevant law and the facts together require, and particularly if it is known by the court to be so.
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