I sometimes get into disagreements with people because I support the rule of law. Generally the argument is along the lines of, "well he knew he was guilty, he just couldn't prove it", and therefore, my opponents argument goes, he should be allowed to act outside the law. The problem is that the law ultimately protects us, and if we suspend it because of an extraordinarily extra-special case then we run the risk of losing that protection, maybe because we unfortunately become
persona non grata or else because we happen to be opposed to somebody in a position of power. In addition once we make even a single exception then we will have a precedent for doing it again because, "well, he is as bad as so-and-so". I use the same argument to support my position on freedom of speech. You have the right to say what you like because that is also my right. If you have a good position then I am sure that you will be able to defend it. If you have a weak position then there will be many people ready to stand up and point out the weaknesses in your position.
Anyhow, I recently found a good story that illustrates my position, it is in an
article supporting so-called
gay-marriage* but it is applicable nonetheless:
In Robery Bolt's 1962 play A Man for All Seasons, Sir Thomas More, a judge, lets a man go free, even though he has the power to arrest him and knows that that man will betray him, because that man has broken no laws. His daughter's suitor, Roper, tells More he should have stopped the betrayer. More says, "And go he should, if he was the Devil himself, until he broke the law!" Roper responds, "So now you'd give the Devil the benefit of the law!"
"Yes," More replies, "What would you do? Cut a great road through the law to get after the Devil?"
"I'd cut down every law in England to do that!"
And here's the important part: "Oh?" returns More, "And when the last law was down, and the Devil turned round on you, where would you hide, the laws all being flat? This country's planted thick with laws from coast to coastman's laws, not God'sand if you cut them down, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!"
Proviso: I support the rule of law, except where a good argument can be made that the law is wrong, such as laws on recreational drug use, prohibiting gay marriage/adoption, prohibiting euthanasia, restricting abortion, &c., &c.. Under those circumstances then I feel that it is a civic duty to disobey that particular law until the lawmakers see sense and change the law. Some will argue that this takes us back to the original position that causes the disagreements in the first place. My defense however is that I say the where law is wrong it must be changed. The law is not a static entity but a living, dynamic entity that will evolve over time. I am definitely not arguing for a suspension of the law for special cases but for the application of just laws that are applied equally to all, and that are refined or struck down as necessary.
* I italicise the words
gay-marriage not because I disagree with it but because the term itself is repugnant. In a just society, we shouldn't even have to refer to marriage between homosexuals in different terms to that between heterosexuals. Marriage to me is a committed union between two (or more, but that is a whole other story) persons regardless of gender. If you love someone and want to marry them then I won't stand in your way (unless of course you don't invite me to the party!).