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Discussion => Newbie discussion => Topic started by: drugsrbettafree on August 15, 2013, 06:33 am

Title: Disobey the law
Post by: drugsrbettafree on August 15, 2013, 06:33 am
my disobedience of positive law is grounded in an appeal to natural law  :o
Title: Re: Disobey the law
Post by: SMOOTHGBABY on August 15, 2013, 06:41 am
PLEASE ELABORATE MY FRIEND
Title: Re: Disobey the law
Post by: drugsrbettafree on August 15, 2013, 06:44 am
       DISCLAIMER - THIS IS A ROUGH ROUGH ROUGH DRAFT
       PRETTY SURE SOME OF MY non-natural law justifications are actually appeals grounded in natural law
       I KNOW I NEED TO EDIT/REWRITE THIS - IT IS IN PROGRESS



       A feature of modern civilizations that all who chose to reside within these structures must face is positive law. Positive law refers to laws which proscribe and prescribe certain actions and indulgences, as well as those laws which confer specific rights to a given group. There exist myriad reasons to disregard positive law. Many thinkers, from MLK to Thoreau have grounded their civil disobedience in an appeal to natural law. Natural law describes those rules and rights which are not conferred by men but exist due to laws of nature, are derived by reason, or are bestowed by god. Although appeals to natural law provide potent reasons to disobey positive law it is not necessary to turn to natural law to justify one's disobedience.
   In federal systems for instance, conflicting positive law may be created by regional and trans-regional legislators. Another example is provided by imperial systems where legislators may rule without respect to local traditions, culture or deeply cherished beliefs. It is also true that laws may lose relevance and popular support as norms and values shift over time.
   Positive law often conflicts with natural law, and is repeatedly drawn into conflict as understanding of natural law alters with time. MLK's campaign for civil rights and the abolition of slavery are obvious examples. Although MLK chooses to ground his calls for disobedience of positive law in appeals to natural law, other appeals will suffice to justify disobedience.
   In federal systems regional and trans-regional legislators often find themselves with overlapping spheres of legislative responsibility. In such cases, conflicting legislation may come to exist. Currently in the United States there are several states (regional legislators) which have legalized marijuana, especially for medicinal purposes. The federal government (trans-regional legislator) however considers marijuana a “Schedule I” drug. Which is not only to say that marijuana is unsafe, it is to say that this plant has “no medical use or value” and is “unsafe when used under medical supervision”. This is an obvious conflict of regional and trans-regional legislation and a potent justification for disobedience of the positive law created by trans-regional legislators.
   Tradition, culture, and spirituality provide yet another reason one might justify disobedience of positive law. The sacramental use of marijuana by Rastafari provides an excellent case. While this expression of spirituality is viewed as something criminal the use of peyote by the Church of Native America enjoys protected legal status. Polygamy practiced by the Fundamentalist Church of Jesus Christ of Latter Day Saints is yet another example of traditional, religiously infused practice that is viewed as criminal. The use of hashish in Indian religion, in regions of the world where the plant (cannabis) is native and endemic is another example. Chewing of coca leaves in Columbia and Peru, yet another.
   Societies and their norms and values are dynamic, altering over time. Laws will often either become selectively enforced or simply ignored (allowing for selective enforcement). Selective enforcement is a vehicle for injustice because only certain groups are likely to be targeted for enforcement. Blasphemy and sodomy laws are in this category, these laws have been used primarily to target atheists, Muslims and homosexuals. It is important that laws are regularly revised and rescinded to prevent this. Such pruning of legislation allows a body of legislation to maintain a healthy, dynamic and flexible character.
   There are many justifications for disobedience of positive law. Many thinkers, philosophers, and intellectuals have founded their opposition to positive law in appeals to natural law. However other appeals will suffice. Namely respect for cultural diversity, tradition and heritage, as well as federal systems where conflicting rulings exist. Additionally lack of public support may render a law deserving of disobedience.
Title: Re: Disobey the law
Post by: SMOOTHGBABY on August 15, 2013, 06:46 am
HAVE YOU NO HONOR!!