Commentary When government enacts legislation that undermines even our most elementary rights, one might be inclined to inquiry whether, in order to be valid, positive laws may have to conform to certain objective standards of justice and morality. Some lawyers have traditionally answered this in the affirmative, arguing for objective standards which are accessible to…
Disobeying Valid Laws: When Is It Justified
Commentary In 1970, the Sydney Morning Herald published an article entitled “How should we react to unjust laws?” The author, Ilmar Tammelo, argued that defiance of an allegedly “unjust” law leads to “awkward practical consequences” because “on critically important occasions, it may be extremely difficult to ascertain what is just and what is unjust.” In…
Can We Disobey Unjust Laws?
Commentary As a legal academic I have often been asked when it becomes legally possible to disobey unjust laws. This appears to be an important question, especially in these days of arbitrary government and constant violations of fundamental rights. So, when does it become legally valid to disobey unjust laws? Perhaps I could start with…
Democrats Are Building a Wall to Keep Out Truckers
Commentary Seven-foot fencing topped with razor wire will be installed surrounding the U.S. Capitol next week, in advance of President Joe Biden’s State of the Union on March 1. The wall is to keep out truckers who are heading to Washington, D.C., as part of the Freedom Convoy protesting COVID restrictions. Instead of shutting the…
Are Demonstrations a Viable Way to Oppose COVID-19 Health Orders?
Commentary Demonstrations against COVID-19 restrictions, mandatory vaccination, lockdowns, and border restrictions have occurred in most capital cities of Australia. In Melbourne, demonstrations turned violent when construction workers marched against the prolonged lockdown. Thousands of protesters assembled on Nov. 6, 2021, to protest the vaccine mandates of the Victorian government and its controversial Public Health and…
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