BigBallinStalin wrote:The rule of law doesn't mean "follow all laws." If so, then there's nothing to stop you from obeying all the laws of some fascist state.
TA1LGUNN3R wrote:Mets wrote:The world is not one-dimensional...
That's an odd statement coming from somebody espousing complete loyalty to laws set up by authorities, or what you believe to be rule of law.
-TG
I did not say one should always obey laws established by authorities. I concede that the rule of law can be used by a morally unjust state just as it can be used by a morally just state. As a result, acting in accord with your moral conscience may sometimes require acting in contravention to the law (e.g. civil disobedience). However, I think that this requires an extraordinary case of injustice. Snowden is not being treated unjustly. The law clearly spells out the consequences for leaking government secrets in an unauthorized manner. As BBS says, the rule of law is, among other things, about equality before the law. If all people who leak these secrets are subject to the same treatment by the government, the rule of law is being upheld and justice is being served. Now, the treatment may still be morally wrong, even if it is just. But that's not a question of how we're treating Snowden -- that's a question of whether we need to have stronger whistleblower laws.
When the state fails to hold its members accountable or to restrain itself by obeying the Constitution, then the laws of the state need not be obeyed. Why uphold "your duty as citizen" (read: subservience to the federal government), when the state fails in its duty to uphold the Constitution?
That's not the right question, because in general we want to exist in a stable society. Taking every excuse to intentionally break down the rule of law because the other guy did it, does not achieve this goal. In general we should strive to work within the legal system to achieve our goals, because promoting general respect for the rule of law leads to a stable society. Using extra-legal means to achieve goals should be a last resort, not a first resort.