Dave Melsness

Dr. Martin Luther King’s Letter From Birmingham Jail

In the fourth section of Dr. Martin Luther Kings letter from Birmingham jail, Dr.

King explains the difference between just laws and unjust laws. First, Dr. King explains

to the clergymen that he understands why they disagree with is avocation and willingness

to break laws, and appear to contradict themselves, by urging people to obey Supreme

Court decision to desegregate the public schools. Dr. King then stated why he advocates

obeying just laws but not unjust laws.

In the second paragraph of the letter, Dr. King explains in depth to the clergymen

the difference between just laws and unjust laws. He elaborated by saying “A just law is a

man-made code that squares with the moral law or the law of god.” A just law can also be

described as “any law that uplifts human personality.” An unjust law on the other hand

“is a code that is out of harmony with the moral law.” Unjust laws were also described as

laws that “distort the soul and damage the personality.” In the case of segregation, the

laws make the segregator feel superior to the segregated.

It is these differences that make it easy for Dr. King to advocate obeying some

laws and not others. Dr. King did not advocate, “evading or defying the law.” In Dr.

King’s philosophy, when it was necessary to break unjust laws, the “law breaker” was to

“do so openly, lovingly, and with a willingness to accept the penalty.”

I completely agree with Dr. King on the differences between just and unjust laws.

I believe that when the framers founded the constitution of the United States of America,

they had the equality of everyone in mind. African Americans were used to help

demonstrate the population of each state for representation in the federal legislature,
which includes, the House of Representatives and Senate with the 3/5ths rule. The 3/5ths

rule counted each African American (or other colored peoples) as 3/5ths of one person

for representation. Although this is not a very big step in a positive direction, in my mind

this was a hallmark beginning for the equality of our nations minorities.

When Thomas Jefferson stated that every one shall have the right to “life, liberty,

and the pursuit of happiness,” he was not basing these god given human rights on the

color of ones skin. Thomas Jefferson believed that these three basic human rights were

god given, un-alienable rights for all of mankind. The Constitution of the United States of

America provides several guidelines that laws must not go against. Our nations laws are

(for the most part) designed to preserve these gods given rights. Just laws in the United

States, are laws that promote the founding elements of our society, which include:

equality, and the escape from the oppressive majority (in the founding fathers case, the

British parliament, and in the case of the African Americans the racist whites).