What is the Latin translation for the legal maxim "An unjust law is no law at all"?

The Latin translation for the legal maxim "An unjust law is no law at all" is *lex iniusta non est lex*.

What fundamental principle does the maxim "An unjust law is no law at all" support?

The maxim "An unjust law is no law at all" is an expression in support of natural law, asserting that authority is only legitimate if it is good and just.

Which natural law theorists are strongly associated with the principle that an unjust law is not a law?

John Finnis and Lon Fuller are two natural law theorists strongly associated with the principle that an unjust law is not a law.

How has the concept of objecting to unjust laws been treated by philosophical and religious writers throughout history?

Philosophical and religious writers have historically voiced objections to unjust laws, viewing them as illegitimate and contrary to higher moral principles.

Which biblical passage is cited as an early example of objecting to unjust laws?

The biblical passage cited as an early example is Isaiah 10, which speaks against those who create unjust laws and issue oppressive decrees.

What was Augustine of Hippo's perspective on the nature of unjust laws?

Augustine of Hippo, in the fourth century AD, stated that a law which is not just is not truly a law, expressing this as *nam mihi lex esse non videtur, quae justa non fuerit*.

In what context did Augustine of Hippo discuss the idea that an unjust law is not a law?

Augustine of Hippo discussed the concept that an unjust law is not a law while examining the problem of evil, concluding that evil arises from human departures from good or just behavior.

Which major work by Thomas Aquinas extensively examines the legitimacy of man-made laws?

Thomas Aquinas exhaustively examined the legitimacy of man-made laws and the obligation to obey them in his work, the *Summa Theologica*.

According to Thomas Aquinas, what is the first criterion for a man-made law to be considered legitimate and obeyed?

According to Thomas Aquinas, the first criterion for a law's legitimacy is its purpose; it must be enacted for the common good.

What is the second condition Thomas Aquinas set forth for a law to be obeyed?

The second condition Thomas Aquinas outlined for a law to be obeyed is that it must be created by an authority acting within the proper scope of their power.

What did Thomas Aquinas specify regarding the form of a law for it to be legitimate?

Thomas Aquinas stated that for a law to be legitimate, its burden should be equal and it must apply to all individuals fairly.

What consideration did Thomas Aquinas add regarding the act of disobeying a law?

Thomas Aquinas noted that disobedience to a law should not itself cause harm or lead individuals into committing evil acts, referencing the principle that avoiding oppression is always lawful.

What central question did Henry David Thoreau pose in *Civil Disobedience* concerning unjust laws?

Henry David Thoreau questioned whether individuals should content themselves with obeying unjust laws, attempting to amend them while still obeying, or transgress them immediately.

Whom did Martin Luther King Jr. reference in his *Letter from Birmingham Jail* when discussing unjust laws?

In his *Letter from Birmingham Jail*, Martin Luther King Jr. referenced Augustine of Hippo and Thomas Aquinas when discussing the nature of unjust laws.

What is the term used in Indian philosophy for the concept that defines rules for law and truth based on natural order?

The concept in Indian philosophy that establishes rules for what constitutes a "law" or "truth" based on natural order is known as *Ṛta*.

How is the principle of *Ṛta* described in terms of its authority, even over divine beings?

*Ṛta* is described in Indian philosophy as a form of natural order so high that even the gods themselves must obey it or be considered in the wrong.

What is the relationship between divine beings and *Ṛta* according to Indian philosophy?

According to Indian philosophy, divine beings do not govern *Ṛta*; rather, they manifest it through their ordinances, retributions, rewards, and punishments, acting as its agents and ministers.

How is the maxim "An unjust law is no law at all" recognized globally?

The maxim "An unjust law is no law at all" has become a standard legal maxim recognized around the world.

How can Augustine of Hippo's statement regarding unjust laws be translated and interpreted?

Augustine of Hippo's statement, *nam mihi lex esse non videtur, quae justa non fuerit*, translates to "for I think a law that is not just, is not actually a law," reflecting his view on the essential nature of justice in law.

What specific dilemma regarding unjust laws did Henry David Thoreau articulate?

Henry David Thoreau articulated the dilemma concerning unjust laws by asking whether people should be content to obey them, attempt to amend them while still obeying, or transgress them immediately.

What is the core idea behind natural law theory as it relates to the maxim "An unjust law is no law at all"?

Natural law theory posits that there are inherent moral principles or rights that govern human conduct, and that human-made laws are only valid if they align with these natural principles. The maxim suggests that laws contradicting these fundamental moral truths lack true legal authority.

How does the concept of legitimacy relate to the maxim "An unjust law is no law at all"?

The maxim directly challenges the legitimacy of laws that are unjust. It implies that true legitimacy stems not just from the authority that enacts a law, but also from the law's moral content and its alignment with justice and the common good.

What does Thomas Aquinas mean by the "common good" in the context of legitimate laws?

When Thomas Aquinas refers to the "common good," he means the overall welfare and flourishing of the community or society as a whole, rather than the benefit of a single individual or a select group. Laws are considered just if they aim to promote this collective well-being.

Can *Ṛta* be understood as similar to a concept of universal justice or cosmic order?

Yes, *Ṛta* in Indian philosophy can be understood as a principle of cosmic order, truth, and righteousness that underpins the universe and dictates the proper functioning of all things, including laws and moral conduct. It represents a fundamental truth that even deities are subject to.

What is the underlying principle of civil disobedience as suggested by figures like Thoreau and King Jr.?

Civil disobedience, as advocated by figures like Thoreau and King Jr., is the act of intentionally breaking a law that is perceived as unjust, often as a form of protest, with the aim of bringing about legal or social change. It is typically done openly and non-violently, accepting the legal consequences.

When was the Radbruch formula, mentioned in the "See also" section, first formulated?

The Radbruch formula, a legal theory related to unjust laws, was first formulated in 1946.

What type of concept is the "No True Scotsman" mentioned in the "See also" section?

The "No True Scotsman" mentioned in the "See also" section is described as an informal logical fallacy.

Does the maxim imply that only the content of a law matters, or does the authority enacting it also play a role?

The maxim implies that while the authority enacting a law is relevant (as per Aquinas's criteria), the law's moral content (its justice) is paramount. An unjust law, even if enacted by a legitimate authority, is considered invalid according to this principle.

Which historical figures, besides Augustine and Aquinas, are mentioned in relation to the concept of unjust laws and their potential invalidity?

Henry David Thoreau and Martin Luther King Jr. are also mentioned in relation to the concept of unjust laws, particularly in the context of advocating for civil disobedience against them.

What is the primary implication of asserting that "An unjust law is no law at all"?

The primary implication of asserting that "An unjust law is no law at all" is to question the binding authority of laws that violate fundamental moral principles or natural justice, thereby challenging the legitimacy of the legal system itself when it produces such laws.

How did Aquinas reconcile the authority of law with its potential injustice?

Aquinas reconciled the authority of law with its potential injustice by stating that laws are only binding if they meet specific criteria related to purpose, author, and form. Laws failing these tests, particularly those contrary to the divine good, were not considered true laws, though he cautioned against causing disorder through disobedience.

What did Augustine of Hippo consider the essential quality of a true law?

Augustine of Hippo considered justice to be the essential quality of a true law, famously stating that a law lacking justice could not be considered a law at all.

How does the concept of *Ṛta* in Indian philosophy relate to the idea of cosmic order?

*Ṛta* represents the fundamental cosmic order and truth that governs the universe, influencing everything from natural phenomena to moral and legal principles, and is considered an ultimate standard that even deities uphold.

What were the options Thoreau presented for dealing with unjust laws?

Thoreau presented three options for dealing with unjust laws: to obey them, to attempt to amend them while continuing to obey, or to transgress them immediately.

What philosophical foundation did Martin Luther King Jr. build upon for his arguments on civil disobedience?

Martin Luther King Jr. built his arguments for civil disobedience on a foundation laid by natural law theorists, specifically referencing Augustine and Aquinas, to establish the moral imperative to resist laws that violate fundamental justice.

What does the Latin phrase *lex iniusta non est lex* signify in legal and philosophical discourse?

The Latin phrase *lex iniusta non est lex* signifies the principle that a law which is unjust cannot be considered a true law. It is a cornerstone concept in natural law philosophy, asserting that morality is intrinsically linked to the validity of law.

What is the fundamental connection between justice and law according to the principle discussed?

The principle "An unjust law is no law at all" establishes a fundamental connection between justice and law, asserting that justice is not merely a desirable quality of law, but a necessary condition for a rule to be considered a true law.

Do Aquinas's criteria for legitimate laws apply only to religious or moral laws, or also to secular laws?

While rooted in theological and philosophical reasoning, Aquinas's criteria for legitimate laws—purpose for common good, proper authority, and equitable form—are generally understood to apply to secular, man-made laws as well, providing a framework for evaluating their justice and binding force.

How has the idea that unjust laws lack validity evolved historically according to the text?

The idea has evolved from ancient biblical references (Isaiah) through medieval philosophy (Augustine, Aquinas) to modern political thought (Thoreau, King Jr.), consistently challenging the absolute authority of law when it conflicts with justice or morality.

How widespread is the acceptance of the principle that unjust laws might not be true laws?

The text indicates that the principle expressed by the maxim "An unjust law is no law at all" has gained recognition as a standard legal maxim globally, suggesting a degree of widespread acceptance across different cultures and legal traditions.

How did Augustine's view on unjust laws connect with his broader theological concerns?

Augustine's view on unjust laws was linked to his theological exploration of the problem of evil. He saw injustice in laws as a manifestation of human free will departing from God's goodness, thus reinforcing the idea that laws must align with divine or natural justice to be valid.

Did Aquinas advocate for widespread disobedience to laws that failed his criteria?

Aquinas did not advocate for widespread disobedience. He cautioned that disobedience should not cause greater harm or lead to evil, implying a pragmatic approach where the potential consequences of defiance must be weighed against the injustice of the law itself.

What was the implied call to action in Thoreau's questioning of how to deal with unjust laws?

Thoreau's questioning implied a call for active engagement with unjust laws, suggesting that passive obedience is not the only, or necessarily the morally correct, response. He urged individuals to consider proactive measures, whether amendment or transgression.

What is the primary purpose of the maxim "An unjust law is no law at all" as stated in the text?

The primary purpose of the maxim "An unjust law is no law at all" is to support the concept of natural law, asserting that legal authority is only legitimate if it aligns with principles of goodness and righteousness.

What are some of the academic works and authors cited in the article's references?

The article references works by authors such as Brian Bix, St. Augustine, Thomas Aquinas (via Norman Kretzmann), Martin Luther King Jr., and William Sweet. It also cites *The Encyclopedia of language and linguistics* and collections like *Law and Morality* and *Philosophical theory and the Universal Declaration of Human Rights*.

What related concepts are listed in the "See also" section of the article?

The "See also" section lists the History of human rights, the Radbruch formula (a legal theory developed in 1946), and the informal logical fallacy known as "No True Scotsman."

How might the "No True Scotsman" fallacy relate, conceptually, to the discussion of unjust laws?

The "No True Scotsman" fallacy involves redefining a category to exclude counterexamples. While not directly discussed in relation to the maxim, one could misuse it to dismiss criticisms of laws by claiming, for instance, "No *true* law is unjust," thereby avoiding the core issue of a law's injustice. The article lists it separately, indicating it's a related but distinct concept.

What is the significance of the Radbruch formula mentioned in the context of unjust laws?

The Radbruch formula, developed after World War II, is a legal theory that addresses the relationship between law, justice, and morality, particularly concerning laws that are extremely unjust, suggesting that such laws may lose their legal character. It represents a modern philosophical response to the problem of unjust legal systems.

An Unjust Law Is No Law At All Wiki: The Moral Imperative of Law: Deconstructing 'Lex Iniusta Non Est Lex'

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The Maxim: 'Lex Iniusta Non Est Lex'

Defining the Principle

The assertion "An unjust law is no law at all", expressed in Latin as lex iniusta non est lex, is a fundamental principle within the philosophy of natural law.^[1] This perspective posits that for a rule to possess true legitimacy and command genuine obedience, it must align with inherent principles of justice and morality. Consequently, a law that fundamentally violates these ethical standards is considered to lack the essential qualities of law itself.

Natural Law Foundation

This viewpoint is strongly associated with theorists who advocate for natural law, such as John Finnis and Lon Fuller.^[1] They argue that legal systems are intrinsically linked to morality. An unjust law, by failing to serve the common good or uphold fundamental rights, fails to meet the criteria of a true law, thereby diminishing or negating the obligation to obey it.

Historical Context and Evolution

Ancient Roots

Objections to unjust laws have echoed throughout history. The Hebrew Bible, in Isaiah 10, contains a powerful denunciation of those who create oppressive decrees and deny justice to the vulnerable:

Woe to those who make unjust laws,
to those who issue oppressive decrees,
to deprive the poor of their rights
and withhold justice from the oppressed of my people.

This passage highlights an early recognition that laws should serve justice, not undermine it.

Augustine of Hippo

In the 4th century AD, Augustine of Hippo articulated a view closely aligned with the maxim. In his work De libero arbitrio voluntatis, he stated, "for I think a law that is not just, is not actually a law" (Latin: nam mihi lex esse non videtur, quae justa non fuerit).^[2]^[3] For Augustine, the existence of evil in the world was ultimately attributed to human departure from righteous behavior, implying that laws deviating from divine justice were manifestations of this departure.

Thomas Aquinas's Framework

Thomas Aquinas, in his seminal work Summa Theologica, exhaustively examined the legitimacy and enforceability of human-made laws. He proposed that a law must meet three criteria to be considered legitimate and thus worthy of obedience:

Purpose: The law must serve the common good.
Author: The law must be enacted by a legitimate authority within its proper scope.
Form: The law's burden must be distributed equitably among the populace.

Aquinas contended that laws failing these tests, particularly those that are unjust, do not bind individuals to obedience, referencing Isaiah to support the principle that resisting oppression is always lawful.^[4]

Henry David Thoreau's Stance

In his influential essay Civil Disobedience, Henry David Thoreau directly challenged the moral obligation to obey unjust laws. He famously posed the question:

“Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once?”

Thoreau's perspective underscores the individual's moral agency in confronting laws that violate conscience.

Martin Luther King Jr.'s Application

Martin Luther King Jr, in his profound Letter from Birmingham Jail, drew upon the philosophical traditions of Augustine and Aquinas to justify civil disobedience. He argued that the segregationist Jim Crow laws were inherently unjust and therefore lacked moral authority, making their defiance a righteous act.^[5]

Parallel Concepts in Indian Philosophy

The Principle of 'Rta'

Within Indian philosophy, the concept of Rta offers a parallel to the Western natural law tradition. Rta represents the fundamental cosmic order, truth, and righteousness that governs the universe. Rules derived from or aligned with Rta are considered true laws, binding even upon deities. This principle establishes a moral and ontological framework that predates and supersedes human legislation, suggesting that any ordinance contrary to this universal order lacks true validity.^[6]

Related Concepts

Key Areas of Study

The principle that unjust laws lack legal force intersects with several critical fields of study:

History of Human Rights: The evolution of universal rights often challenges the legitimacy of laws that violate them.
Radbruch Formula: A post-WWII legal theory addressing the conflict between legal positivism and natural law, particularly concerning Nazi-era laws. It posits that extreme injustice amounts to lawlessness.
No True Scotsman Fallacy: While distinct, this logical fallacy shares a superficial similarity in its attempt to redefine a category based on perceived exceptions, though lex iniusta non est lex is a substantive philosophical argument, not a rhetorical tactic.

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References

The Encyclopedia of language and linguistics, Volume 4

Norman Kretzmann, Lex Iniusta Non Est Lex: Laws on Trial in Aquinas' Court of Conscience, 33 Am. J. Juris. 99 (1988). Thomas Aquinas, Summa Theologiae I-II, q. 96, a. 4, c.

A full list of references for this article are available at the An unjust law is no law at all Wikipedia page

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This is not legal advice. The information contained on this website should not be construed as professional legal counsel, advice, diagnosis, or treatment. The principles discussed, such as lex iniusta non est lex, are complex philosophical and legal concepts. Readers should always seek the advice of a qualified legal professional or other appropriate expert with any questions they may have regarding legal matters or specific situations. Never disregard professional legal advice or delay in seeking it because of information obtained from this website.

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The Moral Imperative of Law

💡 Dive in with Flashcard Learning! 💡

The Maxim: 'Lex Iniusta Non Est Lex' 📜

⚖️ Defining the Principle

💡 Natural Law Foundation

Historical Context and Evolution ⏳

📜 Ancient Roots

🕊️ Augustine of Hippo

📚 Thomas Aquinas's Framework

🚶 Henry David Thoreau's Stance

✊ Martin Luther King Jr.'s Application

Parallel Concepts in Indian Philosophy 🕉️

🌌 The Principle of 'Rta'

Related Concepts 🔗

📚 Key Areas of Study

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Dive in with Flashcard Learning!

The Maxim: 'Lex Iniusta Non Est Lex'

Defining the Principle

Natural Law Foundation

Historical Context and Evolution

Ancient Roots

Augustine of Hippo

Thomas Aquinas's Framework

Henry David Thoreau's Stance

Martin Luther King Jr.'s Application

Parallel Concepts in Indian Philosophy

The Principle of 'Rta'

Related Concepts

Key Areas of Study

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Disclaimer

Important Notice Regarding Content