On April 3, 1963, Dr. Martin Luther King, Jr. began coordinating a series of sit-ins and nonviolent demonstrations against racial injustice in Birmingham, Alabama. On April 12, he was violently arrested on the charge of parading without a permit, per an injunction against “parading, demonstrating, boycotting, trespassing and picketing” that a local circuit judge had issued two days earlier, a week into the protests.
On the day of Dr. King’s arrest, eight male Alabama clergymen issued a public statement directed at him, titled “An Appeal for Law and Order and Common Sense.” They accused him of being an “outsider” to the community’s cause, suggested that racial injustice in Alabama shouldn’t be his business, and claimed that the nonviolent resistance demonstrations he led were “unwise and untimely.” “We further strongly urge our own Negro community to withdraw support from these demonstrations,” they wrote. It was such a blatant example of the very injustice Dr. King had dedicated his life to eradicating — the hijacking of what should be “common sense” to all in the service of what is “common” and convenient to only those in power — that he felt compelled to respond. The following day, while still in jail, he penned a remarkable book-length open letter. (“Never before have I written a letter this long,” he marveled as he penned the final paragraphs.)
Writing on the nature of unjust laws, he writes:
There are two types of laws: There are just and unjust laws. I would agree with St. Augustine that “an unjust law is no law at all.” … An unjust law is a code that is out of harmony with the moral law. To put it in the terms of St. Thomas Aquinas: An unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust. All segregation statutes are unjust because segregation distorts the soul and damages the personality. It gives the segregator a false sense of superiority and the segregated a false sense of inferiority. To use the words of Martin Buber, the Jewish philosopher, segregation substitutes an “I-it” relationship for an “I-thou” relationship and ends up relegating persons to the status of things. So segregation is not only politically, economically and sociologically unsound, but it is morally wrong…
An unjust law is a code that a majority inflicts on a minority group that is not binding on itself. This is difference made legal. On the other hand, a just law is a code that a majority compels a minority to follow and that it is willing to follow itself. This is sameness made legal.