By Mark Jessup, an introductory Philosophy student.  

One of the sections that struck me in Dr. Martin Luther King's letter was his argument about breaking bad laws...

Obviously, the first point Dr. King had to establish was what made a law a “good” law. He began by saying that a good law is only good if God said it was good. Interestingly, he also brought in another standard (I do not mean to say that these standards necessarily replaced God’s law in his view), natural law. From this foundation, he could say, “All segregation statutes are unjust because segregation distorts the soul and damages the personality . . . Segregation . . . ends up relegating persons to the status of things.” In other words, it is natural for human beings to be treated as the human beings that they are, and when they are not treated as such, natural law is violated. 

With the difference between a good and bad law in mind, he lays out an example of a bad law that many readers should be able to use their intuition (for lack of a better word) to see the wrongness of that law. The example that he cites is the fact that African-Americans were in many ways barred from voting on laws that impacted them. This resulted in laws where a “majority group compel[ed] a minority group to obey but [did] not make binding on itself.” It would be one thing if the laws passed were favorable to non-voting peoples, but, sadly, this was not the case for Dr. King’s time. Readers should be able to see the injustice in this example especially since it is framed in a general way and stays clear of preconceived notions about the laws in America at that time.

Finally, Dr. King lays out a three-part procedure for breaking a bad law. First, an individual can “[break] a law that conscience tells him is unjust.” In other words, the law must be a bad one. Second, the law must be disobeyed “openly, lovingly, and with a willingness to accept the penalty.” One must not be belligerent in their disobedience. Thirdly, a bad law is to be disobeyed “in order to arouse the conscience of the community over its injustice,” and this results in “expressing the highest respect for the law.” This is disobedience for the greater good, not disobedience for its own sake.

By following this argument, readers can see that a bad law can be broken, but it must be done in the right way. If it is done in the right way, the true, morally right law is upheld.

Inspiring Students

  • William Anderson


    Picture of William Anderson. William C. Anderson, a native of Birmingham Alabama, attained a bachelors degree in Social Work from University of Alabama at Birmingham in May 2012. At the age of 23, Anderson has over 5 years experience in social justice, community organizing, and nonprofit work. The majority of William’s community organizing as of late has surrounded immigration, labor, and racial solidarity. Anderson is now currently based in Washington, DC, working for a union while maintaining a relationship with immigrants rights organizations through his affiliations with the National Immigrant Youth Alliance [NIYA] & DreamActivist DC. 


    “UAB is representative of a lot of things because people look to Birmingham as the mecca and beacon of the Civil Rights Movement... the history, everything that’s happened, that’s gone on so far…If you’re a native Alabamian and Birmingham resident…then I feel like there should be some sort of expectation that you recognize, that you represent something much greater and deeper being on these streets that are stained with the blood, sweat, and tears of people who could have been killed for just going in the wrong door, being in the wrong place at the wrong time, for making eye contact with someone of a different race…You have the unique opportunity to be around so much rich history and if you don’t take advantage of it for the betterment of this entire world, then I feel as though you are handicapping our society.”   - William C. Anderson

     
  • Olivio Clay

    Image of Olivio Clay. Dr. Olivio Clay is currently Assistant Professor of Psychology at UAB. Dr. Clay has earned three degrees from UAB: a B.S., an M.A., and a Ph.D. in Psychology. Dr. Clay’s research interests are in racial and ethnic disparities, caregiving, social support, and cognition and mobility in older adults. He annually participates in the Birmingham Sickle Cell Walk-a-thon and his interest in the sickle-cell disease led to collaboration with Dr. Joseph Telfair, previously of the UAB School of Public Health, where they examined the properties of an instrument used to assess self-efficacy in adolescents with the disease.