H: Aiden, I've got another question, John, it's from Aiden, who asks, "Dear Hank and John, Is it always wrong to break the law?"
J: Oh boy.
H: "Are certain laws meant to be broken?"
J: Oh boy.
H: "Can you still be a good person who breaks the law?"
J: Oh boy.
H: I don't have any--this is not a hard question for me at all, I'm surprised that you are struggling with it.
J: Well, I think the rule of law is actually really important to the maintenance of a social order, but I do--
H: Right, but--let me, let me, let me give you an example of times when it is okay to break the law.
J: Okay.
H: When the law breaks like, fundamental human justice things. Like, for a very long time, it was illegal to be gay.
J: Right.
H: And like, and so in that case, it is okay to break that law. Now, that law was not made to be broken, but I think it was important that people broke that law. I think it's important that people break the like, the prohibition of marijuana laws, because I don't think that we'd be having a conversation about the legalization of marijuana and about the huge problem we have with mass incarceration and people going to jail for doing this thing that is not dangerous to themselves or other people and so I, like, I think that we need to have that conversation, and we wouldn't be having it if people weren't breaking that law.
J: Right, I agree with that, and certainly, I mean, obviously, you're gonna--first off, we have to just draw a line between civil disobedience and other kinds of law breaking. Like, obviously, you know, civil disobedience is often right and often the only correct or moral path of action in the face of injustice, like, obviously, you know, sit-ins during the Civil Rights movement for instance, were important, but that's a different kind of breaking the law, because that's a kind of breaking the law where you understand that you are breaking a law, you are choosing to break the law, and then you are, you know, suffering the legal consequences so you're basically sort of using the rule of law to bring attention to the injustice of a law. That's different from smoking pot, which is against the law but usually, you know, you smoke pot in the privacy of your own home or whatever, hoping not to get caught, and I--but that said, I agree with you that it is not wrong to break the law and that you are still a good person if you break the law. However, we have to understand that we're coming at that conversation from a tremendous place of privilege. You're 11--if you smoke pot, you're 11 times more likely to be imprisoned if you're African-American than if you're white, so it's relatively easy for me to say, you know, that it's okay or even, y--that there's nothing, y'know, wrong, with breaking the law, when I am very unlikely to receive the kind of harsh punishments that have been this like, great disgrace of mass incarceration in the United States. I think it's a lot more complicated to tell someone who's in a position where they could go to jail for 25 years that they should smoke pot if they want to, like, I think that--
H: Yeah. But that's not--
J: You don't wanna lose in the conversation the real risks that people run when they break laws and they aren't in privileged positions.
H: Right, and that is entirely the reason why I was anti--like, when I was growing up, I was anti-drugs almost exclusively because I knew that it could mess up my future, which--but that is not a reason to not break the law, I mean, it is, but that is not the question that Aiden is asking. Aiden is asking, "Is it always wrong to break the law?" and the answer is no. It is not always wrong to break the law, and it is probably not a good idea, but that does not change the fact that it is not wrong.
J: Right, I just want people--I--yeah, but I just want to be conscious of the fact that there are, you know, potentially catastrophic consequences to some people, and that those consequences are unfairly distributed among the population.
H: Yes. I agree with you.
J: The only other thing I would say about that is that I actually don't think it's always wrong to break just laws. It's just that they have to be exceptionally minor ones and the circumstances have to dictate it. For instance, I think that speed limit laws are good, that we should have more of them, in fact, but occasionally, it's okay to speed, like, you know, if you're--one time I got food stuck in my esophagus and so I couldn't swallow any water, couldn't swallow any liquid, and I decided to drive myself to the hospital and I would throw up every like, five or ten seconds, 'cause you just, you're producing so much saliva trying to get this piece of food down my esophagus, but then my esophagus, you know, couldn't handle it, so it would just come back up, and I thought it was okay to speed in that situation, just because, like, I really did kind of need to get to the hospital, and it worked out for me, so Aiden, if the question is, John and Hank, there is food in my esophagus, I cannot get it down or up, is it okay to speed? I'm gonna say a cautious yes.
H: Yeah, and I do think that this is a problem with laws, like, we want to have a sys--and we need to have a system where there are, like, there are rules, and sometimes the rules get broken in ways where everybody's like, well, I understand why that happened, but we have to enforce the law, and that can cause big, big problems, you know, especially when like, the letter of the law is different from the intent of the law, and that does happen sometimes where, you know, you have a law that was built for one situation being applied to a new situation that it clearly does apply to, but it was not intended to address, and that's why--that's one of the many reasons why legal systems are complicated and why you have to go to school for a real long time to be a lawyer.
J: Yeah, I mean, it's also just another example of how to me, the whole legal system, at least in the US, is just a great example of how power sort of conserves and preserves itself--
H: Yeah.
J: --very efficiently and effectively, because once you're inside of the legal system, like, if you're on parole for instance, like, everything just becomes much more complicated and challenging, it's just so much easier to go back to jail, but if you're never inside of the system, then it seems that the system is quite effective, because you can point to, you know, lower crime rates over the last 30 years and lots of other stuff, but then once you're inside of the system, it's just--it's tremendously dehumanizing and also, you know, it's one of the places where class and race and sex are just the most obviously, you know, the data is just overwhelming that they play huge roles in what happens to people who commit offenses that are deemed to be illegal.