Module 1: Foundations of Justice
Lesson 9
Justice and Resistance — When the Law Is Not Just
Lesson 9
Justice and Resistance — When the Law Is Not Just
1. When Is Breaking the Law the Right Thing to Do?
We are taught to follow the law.
But what happens when the law itself becomes the problem?
“An unjust law is no law at all.” – St. Augustine
This lesson asks:
• When do we resist in the name of justice?
• What is civil disobedience?
• Can revolution ever be just?
2. Civil Disobedience: Conscience vs. Command
Definition: Civil disobedience is the peaceful, public, and intentional breaking of unjust laws — usually to raise awareness or demand change.
Famous Examples of Civil Disobedience:
• Henry David Thoreau – Refused to pay taxes supporting slavery and war
• Mahatma Gandhi – Led nonviolent resistance against British colonial rule
• Martin Luther King Jr. – Protested segregation with marches and sit-ins
• Rosa Parks – Refused to give up her seat on a segregated bus
• Nelson Mandela – Initially peaceful, later turned to armed resistance against apartheid
“One has a moral responsibility to disobey unjust laws.”
– Martin Luther King Jr.
3. Philosophical Foundations of Resistance
Various thinkers have shaped our understanding of resistance:
• Henry David Thoreau – The conscience is higher than the law
• Socrates – Believed in obeying the law even if unjust, to preserve order — yet questioned this during his trial
• John Rawls – Civil disobedience is justified in a nearly just society when grave injustice persists
• Robert Nozick – Liberty may justify refusal to comply with collective decisions
• Anarchist Thinkers – See the state itself as illegitimate; resistance is expected, not exceptional
4. Resistance vs. Revolution
These terms describe different kinds of dissent:
• Civil Disobedience – Peaceful resistance, often resulting in arrest, aims to reform existing laws
• Revolution – Often involves violence or overthrow, aiming to replace the system
• Insurrection – Chaotic uprisings, often without coherent goals
• Terrorism – Deliberate violence targeting civilians, often seen as morally indefensible
We must distinguish moral resistance from destructive violence.
But not all revolutions are unjust — the United States itself began with one.
5. Case Studies in Resistance
• American Revolution – Illegal rebellion or fight for liberty?
• Tiananmen Square (1989) – Youth-led resistance against authoritarianism — crushed
• Arab Spring – Mass protests for freedom across the Middle East — outcomes varied
• Hong Kong Protests – Resistance met with mass surveillance and suppression
• Ukraine’s 2014 Uprising – Citizens ousted a pro-Russian regime — later followed by invasion
History remembers the winners.
Philosophy remembers the reasons.
6. When Resistance Is Labeled Extremism
• Governments often label dissenters as “radicals,” “extremists,” or “terrorists”
• Surveillance, propaganda, and legal repression are used to silence resistance
• Yet many of history’s heroes were once jailed, hunted, or demonized
Examples:
• Rosa Parks broke the law.
• Gandhi broke the law.
• George Washington broke the law.
Sometimes, the greatest patriots are those who say “no.”
Discussion Questions
1. Is it ever moral to break the law? Under what conditions?
2. How do we distinguish legitimate resistance from chaos or terrorism?
3. Can violence ever be justified in the name of justice?
4. Who gets to decide whether a law is unjust — the individual, the society, or the courts?
Assignment (Optional)
Choose a law or policy you believe is unjust. Then:
• Explain why you believe it is unjust
• Describe a form of resistance that would be morally acceptable
• Discuss the potential consequences and effectiveness of that resistance
• Reflect: Would you personally be willing to break the law in this case? Why or why not?
Next Lesson Preview:
Lesson 10 – Justice and Forgiveness: Can There Be Peace Without Punishment?