The Empty House Studio
9 years ago
A rock. Me. A hard place.
It is God's will that you should be sanctified: that you should avoid sexual immorality; that each of you should learn to control his own body in a way that is holy and honorable...
-- 1 Thes. 4:3-4
For I know my trans- gression, and my sin is always before me...
...Against You, You only, have I sinned, and done what is evil in Your sight...
- Psalm 51
All of the sins that man could do, or even conceive of doing, is like one live coal tossed in the ocean of God's grace. - Madeleine L'Engle
You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court's decision of 1954 outlawing segregation in the public schools, at first glance it may seem rather paradoxical for us consciously to break laws. One may won ask: "How can you advocate breaking some laws and obeying others?" The answer lies in the fact that there fire two types of laws: just and unjust. I would be the Brat 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"
Now, what is the difference between the two? 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 the 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 human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distort the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. Segregation, to use the terminology of the Jewish philosopher Martin Buber, substitutes an "I- it" relationship for an "I-thou" relationship and ends up relegating persons to the status of things. Hence segregation is not only politically, economically and sociologically unsound, it is morally wrong and awful. Paul Tillich said that sin is separation. Is not segregation an existential expression 'of man's tragic separation, his awful estrangement, his terrible sinfulness? Thus it is that I can urge men to obey the 1954 decision of the Supreme Court, for it is morally right; and I can urge them to disobey segregation ordinances, for they are morally wrong.
Let us consider a more concrete example of just and unjust laws. 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 it is willing to follow itself. This is sameness made legal.
Let me give another explanation. A law is unjust if it is inflicted on a minority that, as a result of being denied the right to vote, had no part in enacting or devising the law. Who can say that the legislature of Alabama which set up that state's segregation laws was democratically elected? Throughout Alabama all sorts of devious methods are used to prevent Negroes from becoming registered voters, and there are some counties in which, even though Negroes constitute a majority of the population, not a single Negro is registered. Can any law enacted under such circumstances be considered democratically structured?
Sometimes a law is just on its face and unjust in its application. For instance, I have been arrested on a charge of parading without a permit. Now, there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes unjust when it is used to maintain segregation and to deny citizens the First Amendment privilege of peaceful assembly and protest.
I hope you are able to ace the distinction I am trying to point out. In no sense do I advocate evading or defying the law, as would the rabid segregationist. That would lead to anarchy. One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty. I submit that an individual who breaks a law that conscience tells him is unjust and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.
Of course, there is nothing new about this kind of civil disobedience. It was evidenced sublimely in the refusal of Shadrach, Meshach and Abednego to obey the laws of Nebuchadnezzar, on the ground that a higher moral law was at stake. It was practiced superbly by the early Christians, who were willing to face hungry lions and the excruciating pain of chopping blocks rather than submit to certain unjust laws of the Roman Empire. To a degree, academic freedom is a reality today because Socrates practiced civil disobedience. In our own nation, the Boston Tea Party represented a massive act of civil disobedience.
We should never forget that everything Adolf Hitler did in Germany was "legal" and everything the Hungarian freedom fighters did in Hungary was "illegal." It was "illegal" to aid and comfort a Jew in Hitler's Germany. Even so, I am sure that, had I lived in Germany at the time, I would have aided and comforted my Jewish brothers. If today I lived in a Communist country where certain principles dear to the Christian faith are suppressed, I would openly advocate disobeying that country's anti religious laws... - Martin Luther King Jr., Letter from a Birmingham Jail
You do not delight in sacrifice, or I would bring it;
you do not take pleasure in burnt offerings.
The sacrifices of God are a broken spirit;
a broken and contrite heart,
O God, you will not despise.
In your good pleasure make Zion prosper;
build up the walls of Jerusalem.
Then there will be righteous sacrifices,
whole burnt offerings to delight you;
then bulls will be offered on your altar.
-- Ps. 51
“Well, isn’t it fortunate for you that you just happened to be a member of this ‘unique instrument’ of salvation — the Christian church! I suppose you realize that if you had been raised among Muslims, you would make similar claims for Islam?”
Yes…I conceded that if I had been born in Cairo or Mecca that very likely I should be a devout Muslim. But what is supposed to follow from this observation?....A multitude of political options also faces the citizens of any modern nation. Tell Marxists or liberals or Burkean conservatives that if they had been raised in Nazi Germany they would have been fascists. They will answer that they are aware of that fact and what is your point? The undoubted fact that one’s adherence to a system of political thought is conditioned by one’s upbringing is no reason for doubting that some or one of these systems is clearly and markedly superior to its available rivals. And yet any argument to show that the Church’s belief in her own uniqueness was arrogant would apply a fortiori to this almost universally held belief about politics.
[And we should add this]…the members of the Church can take no pride in their unique relation to God, for that relation is His doing and not theirs. But the superiority of one’s political party to the others must be due to the superiority of the knowledge, intelligence, wisdom, courage, and goodness of one and one’s colleagues in the party… – Peter van Inwagen, Non Est Hick