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Applying the Law
A. The three branches of natural law:
1. Physical: Self-enforcing laws of Physics that need no lawyers.
2. Ecological:
- All life forms are interdependent.
- An ecosystem's stability depends on its diversity.
- All resources are finite & there are limits to the growth of all organisms.
3. Ethics:
- We do not kill our own kind.
- The right to life takes precedence over the right to own property.
B. Mr. Watson claims that positive law tends to ignore natural law in many cases and this has led to a multitude of grievances against the Earth, which have not broken any positive laws but never-the-less have violated the very essence of natural law. As an example, he cites the fact that while murder is an unnatural act, it has regularly been endorsed by governments when it seems to benefit the state i.e. during wars.
C. Different interpretations of civil disobedience:
McLoughlin: Civil disobedience is OK when it works for the greater good but lawyers should not have any part in it whatsoever.
Watson: As "citizens of the earth" we all have the right to stand up for those creatures whose natural rights are being violated as long as we are completely non-violent.
Esau: Civil disobedience is an acceptable course of action provided that it is a last resort, is done openly, is non-violent and the violator(s) are willing to submit to due process.
I feel Prof. Esau has the most legit argument, as he is the most objective & practical in his way of thinking.
D. The equation of law & morality refers to the fact that lawyers seem to think that they are not doing anything wrong as long as they do not break the law. They also extend this to include the view that any act that breaks a law is wrong, no matter what the ethical or moral justification for it is.
E. Complete & utter dependence on the law for moral guidance is putting the cart before the horse. The law is supposed to be a reflection of the prevailing ideas about justice. If justice takes a backseat to the rule of law then the law will soon become hopelessly outdated and ridiculous. Since the law is only as good as people are willing to obey it, most people (Jerry Springer fans excepted) will stop respecting the law once it ceases to reflect the values of society. Therefore, civil disobedience is occasionally necessary when the morality of the law is in jeopardy.
F. Mr. Watson's views conform closely to those of Plato and Cicero. All of them believed that individuals should do what their consciences, not the law, dictate. Cicero also endorsed civil disobedience.