Assignment 8

Part I

1. M.L King explains the reality of segregation and what happens to those who get segregated. He states that the laws are unjust because allowing segregation to be legal makes those who aren't of dark skin feel as if they have the rights to treat "negros" unfairly. It allows the police to feel as If they can physically abuse of them. 

2.In M.L King's opinion, we should disobey unjust laws because he does not agree with mistreating people due to what they're race, culture, skin color or religion may be. He says that weather it is legal or not, he would never treat someone one poorly or mistreat anyone.

3. Aquinas determines that a law is just due to what the moral  outcome would be. If it comes off as immoral then the law is unjust. According to Aquinas "we ought to obey god rather than men." Therefore he believes that is a law does not provide happiness nor "human good" than that law shall be considered unjust.

 

4. .  Legal positivism is based on rules are rules. They do not focus in any way on what might be moral or true. A legal positivist would say that segregation is a law and with that being a law it must be obeyed

Part II

The point that King and Augustine were trying to make was that some laws are unfair and shouldn't have become laws to begin with. For examples the racial laws that make it okay to abuse others are unjust laws. King wound up in jail for breaking laws that he felt were not just. This does in fact prove that unjust laws are still laws and should be followed by all means. However I still believe Augustine was not incorrect in his statement. The fact do refute Augustine's statement because unfortunately the law is the law and if broken at any time the one who broke the law will be punished for it. The law must be followed if one wants to stay out of prison. My personal opinion is that unjust laws should not be broken but depending on the situation sometimes they shouldn't be followed off one feels it is immoral. I always wouldn't treat others harsh because its a law.