Unjust laws

So often people so that so and so law is unjust, what is it that actually makes a law unjust? And what would an example of a current unjust law be? These are just things i have been thinking about in preparation for interviews, any help views would be appreciated.

Reply 1

Douglas

9

different?

So often people so that so and so law is unjust, what is it that actually makes a law unjust? And what would an example of a current unjust law be? These are just things i have been thinking about in preparation for interviews, any help views would be appreciated.

Think about it.....examples of laws that are "just" in the minds of some, and "unjust" in the minds of others.

smoking/non smoking laws
seatbelt laws
helmet laws
abortion laws
hate laws
drinking laws
and more

Reply 2

Ariel4

1

I would say an unjust law is a law that produces a perverse result when in action. i cant actually think of any laws in this country that are unjust at the moment.
i would use nazi germany as an example of unjust laws.

Reply 3

trina

1

Ariel4

...i cant actually think of any laws in this country that are unjust at the moment.
i would use nazi germany as an example of unjust laws.

I think there are certainly examples of unjust laws in britain, particularly in the common law e.g. before R v. G in 2004, the law was such that if you did something which would be obviously dangerous to most people, but you did not realise because you were a child or mentally ill or something, then you could be convicted of criminal damage. this doesn't really seem just.
on the other hand, since R v. G, if you commit criminal damage when you are so drunk that you dont realise what you are doing, on what the law currently says, you wont be convicted of criminal damage. is this justice for the person whose property you damaged?
Obviously you wouldn't be expected to know all that at interview but its just one example of how the law in Britain can be unjust. what i'm trying to show you is that sometimes it's difficult to find a right answer and that can lead to injustice, equally sometimes a law which is generally just can be unjust in unusual circumstances.

Reply 4

Crazy Mongoose

12

Just had a mock interview today and was asked what was, in effect, a similar question, namely, can you give an example of a law not based on morality. I used the example of abortion law, stating that the law was passed by parliament in order to stop back-street abortions and not because of any moral belief that abortions were acceptable, and that, although they laid safeguards to prevent horrendous misuse, it still remained to the citizen to decide for themselves if abortion was right..... hope that helps??

Reply 5

rachelrainbow32

2

Are any laws really truely unjust? They all had good intentions, they all were approved by loads people but no law is perfect, with every law you will always have some unjustness in it.

Reply 6

Phonicsdude

19

Drug laws are manifestly unjust.
Whatever that means.

Reply 7

Lauren18

14

You could never say that Law X is unjust because the standard of injustice can be interpreted in so many different ways... laws aren't there to fit standards.

Reply 8

Phonicsdude

19

If there was a law decreeing that all blacks should get the hell back to Africa or be savaged by a pack of blood thirsty baboons, would that not be unjust?

Reply 9

Lauren18

14

Hmm... it wouldn't be unjust in the eyes of those creating the law, however maliciously-minded they may be.

Reply 10

different?

OP

2

Hhhhhm so really it depends on from which person's perspective you look at it.

--------------

Crazy Mongoose

Just had a mock interview today and was asked what was, in effect, a similar question, namely, can you give an example of a law not based on morality. I used the example of abortion law, stating that the law was passed by parliament in order to stop back-street abortions and not because of any moral belief that abortions were acceptable, and that, although they laid safeguards to prevent horrendous misuse, it still remained to the citizen to decide for themselves if abortion was right..... hope that helps??

I really hate those law and morality questions, there are so many angles that I can see an interview finding a way to make you seem completely wrong! Anyway thanks for the example.

Reply 11

Phonicsdude

19

Well my above law would be unjust in England as it contravenes the Human Rights Act...
So perhaps where laws are in conflict with each other the one made more recently is the unjust one.

Reply 12

Lauren18

14

Phonicsdude

Well my above law would be unjust in England as it contravenes the Human Rights Act...
So perhaps where laws are in conflict with each other the one made more recently is the unjust one.

Well it wouldn't be 'unjust' - that's quite a moral standard. It would just be incompatible with the HRA 1998, and no doubt the courts would declare it as such in the hope that Parliament will make the necessary legislative changes.

Reply 13

different?

OP

2

I potentially might have one, and have found it hard to keep with cases from beginning to end, i only seem to know the general principles, but couldn't really quote a case. I find it a bit frustrating because i do keep up with current affairs and read the times law supplement, any ideas what i can do to improve this?

Reply 14

Crazy Mongoose

12

I find the best thing with unjust laws is to go back to the libertain view of the purpose of law, namley;

'Liberty consists in man's right to do as he pleases as long as his actions do not injure others; therefore the exercise of each mans natural rights has no limits save those that assure other members of society the enjoyment of similar rights. These limits may only be determined by law'- This from article 4 of the Declaration of the Rights of Man and of the Citizen, from France in 1789. For a more up-to-date version i refer you to article 29 of the UDHR of 1948.

This can be shortened down in to a much catchier phrase, which goes something like this;

The role of the law is to protect the community and the individual from those who would do them harm, whilst ensuring liberty is maintained

Anything which breaches this is a safe bet for arguing as unjust. Failing that, argue the full libertarian viewpoint that drugs laws are unjust as it is every citizens right to damage their bodies in whatever manner they please.

Reply 15

Phonicsdude

19

Lauren18

Well it wouldn't be 'unjust' - that's quite a moral standard. It would just be incompatible with the HRA 1998, and no doubt the courts would declare it as such in the hope that Parliament will make the necessary legislative changes.

Well either one law or the other would have to be unjust. If you have two blatently conflicting laws they cannot both be just.

Reply 16

Beekeeper

13

An unjust law intereferes with the scales of justice and creates an imbalance in the system. Many examples can be found in the Human Rights Act 1998.

Reply 17

Onearmedbandit

17

In this country, you wont find many laws which are universally deemed as 'unjust'. You'll get people advocating certain laws to fall within this category but I find it quite inconceivable that, in a democracy, unanimously-declared unjust laws will stand.

This is, of course, subject to exception... I can't think of any at the moment.

Reply 18

Sarah42

well there are many laws that can be seen as just or unjust it just depends who is lookin at it and their own views n morals. many can be found. Abortion is an excellent example. also take a look at the human rights act 1998. im sure many could b found in there.

Reply 19

Danny5876

1

unjust laws are strict liability offences :wink:

Unjust laws

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