Right to Break an Unjust Law

Right to Break an Unjust Law

A person should break laws if the laws break the social contract between citizens and their State. A person should also break laws if abiding the laws will cause insurmountable bodily harm to themselves or to their families.

The social contract between the State and its citizens is that the State will strive to protect its citizens from attack by foreign or domestic enemies, and that it will strive to nullify the effects of people intending to do harm to the citizens of the State.

Hitler’s Germany had laws that interned and destroyed people of the Jewish heritage and faith. The Nazi laws also punished those that helped the Jewish people. These laws violated the social contract Germany had with its Jewish people and so should be broken without hesitation.

If any State passed a law that would mean death to the people obeying the law, the law should also be broken. For example if the law said its citizens would be fined for breathing, then it could not be obeyed, physically, and if obeyed would result in the immediate destruction of the citizens obeying it, and the resultant destruction of the State.

The Nazi law would be unconstitutional in the United States because of the equal protection clause of the Constitution. Breaking an unconstitutional or unlawful law, should not be considered breaking the law at all, anymore than disobeying an illegal order in the military is considered insubordination. However, there is no Constitutional provision for laws that put its citizens in harm’s way, because if such Constitutional provisions existed, the military draft would not be possible. The example of a no breath law, though absurd in the sense that it would never be passed, shows an example of a Constitutional law that should be broken.  Both laws are inherently unjust, because they breach the social contract between people and their State.