Obedience to Law (was Penology)

From: Lee Corbin (lcorbin@tsoft.com)
Date: Mon Jul 29 2002 - 18:38:10 MDT


Damien wrote

> Lee wrote:
>
> >Laws should be obeyed, right or wrong.
>
> Really? Even these, were they enacted?
>
> Law 1: Nobody shall be permitted to change his or her name, with the
> exception of each married woman who is obliged to adopt her husband's surname.
>
> Law 2: All humans named Lee, either surname or given name, will be executed
> on sight, but only by legally authorized officers.
>
> Law 3. All males over the age of 15 are legally authorized officers for the
> purposes of Law 2.
>
> Laws as strange, gratuitous and hideous as those have been part of the
> legal code of your nation, I understand. Ought they to have been obeyed, on
> the grounds that disobeying laws for motives of morality opens the way to
> terrible consequences and the decay of the social fabric?

Yes, I believe that even bad and stupid laws ought to
be obeyed. Before dealing with your examples, I'll
give this one: just because it was a dumb law that
no one in the U.S. could drive faster than 55 mph did
not and should not give license to anyone to go faster.

I would say, (and sorry if this repeats some of what Mike was
saying) Law 1 should be obeyed. What that means to me is
that I would counsel anyone to obey the law who asked me.
I would try to explain to them that they have an obligation
to follow democratically arrived at laws.

As for Law 2, :-) yes, that would turn me into a fugitive
right away, and if anyone said (as I just did) "You have an
obligation to obey that law" I'd tell them that the maniacs
had evidently taken over, and they should head for the hills
just like me.

More after also mentioning:

Randall wrote

> Obeying laws which are wrong increases the amount of
> injustice in the world.

Yes, but *who* is to decide what is right and wrong? You
act like it is *entirely* a matter for the individual. It
seems to me that you misunderstand the role of law in our
societies, and perhaps hold a view that would be workable
if everyone were as bright, cooperative, and well-educated
as you are. But since they're not, the meme, "Obey the law,
right or wrong" must be strengthened in democratic countries,
not denounced, if you really want the amount of injustice in
the world to decrease.

Obeying the law *just* for the sake of obeying the law, is
a form of cooperation with your neighbors who may disagree
with laws that you find just dandy. You are defecting, in
a way, each time you break the law, and we must always avoid
encouraging people to do so.

Democratic countries provide for peaceful petition and free
speech to endeavor to change laws you find wrong or immoral.
I will admit that I would attempt to evade silly or really
stupid laws that were a threat to life or limb, or even my
entire personal savings, and that I wouldn't feel too guilty
about it. But I would regret the fact that I had become one
of "them", a law breaker, and that I had had to thumb my nose
at law passed by elected representatives. And I would continue
to proclaim that there is a value in obeying the law just for
the sake of obedience.

Lee



This archive was generated by hypermail 2.1.5 : Sat Nov 02 2002 - 09:15:46 MST