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A Critique of Martin Luther King, Jr.'s Version of Natural Law Theory

Paradoxically, Martin Luther King, Jr., in his "Letter from Birmingham City Jail," initially uses classical natural law theory to defend his actions, but immediately thereafter contradicts a fundamental tenet of this theory and relies on a "weaker" version of natural law. In doing so, King must attempt to formulate a theory which justifies his illegal actions in view of his moral obligation to obey the law. King's failure to distinguish between legal obligations and moral obligations yields a logical paradox in his final formulation of natural law theory. However, King's theory need not be completely rejected if his argument is slightly modified to reject the moral obligation to obey laws.

King initially uses classical natural law theory as his rational basis to defend his actions. This theory has two main component claims according to Murphy and Coleman (Sourcebook, I-35), the first being, "Moral validity is a logically necessary condition for legal validity- an unjust or immoral law being no law at all" followed by, "The moral order is a part of the natural order- moral duties being in some sense "read off" from essences or purposes fixed (perhaps by God) in nature." According to this theory, morality ‚ law, but law = morality by definition. Thus for King to use this theory, two requirements are implicit. He must assert that an unjust law is not really a law, and he must provide a moral theory to distinguish just and unjust laws. King first quotes St. Augustine, "an unjust law is no law at all," to emphasize his agreement with the first claim. He then includes the "law of God" as his moral theory to provide the framework upon which to judge the law.

His argument using classical natural law theory at first seems to be a valid and necessary defense for breaking the law, i.e. disobeying segregation laws and orders to not march. Most people are initially supportive of his argument that an unjust law is not a law he can or should obey. King's comment that "one has a moral responsibility to obey just laws...one has a moral responsibility to disobey unjust laws" (Letter, p3) therefore appears to justify his actions. However, a rational analysis makes apparent several difficulties associated with this argument.

Claiming that there is a moral responsibility to obey just laws actually forces a person to question the purpose of laws in general. King's statement that:

"The answer lies in the fact that there are two types of laws:just and unjust. I would be the [first] to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws"

has two main problems associated with it. If a person takes the position that she will only obey "just" laws conforming to her moral code, then as Murphy and Coleman point out the law becomes accepted only in situations where it is least necessary. Thus a moral theory in and of itself does not provide a very good justification for obeying law since there is no reason to stipulate by law what the populace accepts as morally required. The other problem with this theory is that moral codes alone are not responsible for obeying the law. An obligation to do something can be generated by the act of creating an obligation (a promise) even though the content of that obligation may be morally questionable.

Additionally, King's claim that unjust laws are not really laws is strongly criticized by positivist theorists. He defends his actions by stating "one has a moral responsibility to disobey unjust laws... I would agree with St. Augustine that Њan unjust law is no law at all.'" To a positive theorist this is anathema for the reason that it forces natural law theory to be based either on dogma,