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It isn't that the law is morally equivalent to holding a gun to someone's head, but that the law has penalties that are enforced on pain of greater penalties, w
by BearGoesChirp 9y ago
It isn't that the law is morally equivalent to holding a gun to someone's head, but that the law has penalties that are enforced on pain of greater penalties, which will eventually lead back to violence being used.
Say you get a fine over some law. Doesn't matter what, but let's say it is a minor fine over a law you disagree with. So you refuse to pay it. Now perhaps it ends there, with the law not being fully enforced (with sometimes does happen). But what else could happen is that you are summoned to court concerning the fine. Now the punishment for the fine includes a court summon. So in protest of the fine being wrong, you choose to not go to court or go to court and refuse to court order to pay the fine. Either way, the court will either drop it (unlikely at this point) or you could be arrested for refusing a court order (you don't go to prison for a debt, you go to prison for refusing a court order to pay a debt, which seems to be an important distinction for some reason I can't see). Now you either submit to being arrested, or violence will be used against you.
Under this reasoning, that original law is backed by violence. Either a law ends up not being enforced or being enforced with an eventual threat of violence. There are cases where there is little chance of it ever having someone protest it.
One example people use to counter with that seems to work at first is government restrictions on limiting licensing. For example, take a law that says government has to approve a license for some activity if it doesn't given a definite disapproval within a week of application. In this case, breaking the law would be done by someone at the government either refusing to give approval at all or giving a no after the deadline to give a no has passed. One likely result is someone who didn't follow the law getting fired, but in this case it is the government overriding itself and eventually following the law. But assuming that every manager approved of violating the law such that no one was fired and the office in question maintained its stance, then the party that requested approval will have cause to sue the government. At which point the court will make specific orders (such as demanding testimony or demanding certain actions be performed), and any person directly disobeying those will now face possibly being arrested, which is when violence comes into play. Or the court could choose to not make any demands, at which point the government is choosing to not enforce the law. A practical example of this is to look at the individuals who refused to give marriage license to same sex couples. Either someone higher overrode them and someone else (representing the government) gave out the license or they were sent to jail (with the threat of violence if they did not obey).