Is something illegal because it's wrong, or is it wrong because it's illegal?

Question

Say you're hunting with your father and he accidentally shoots his hand off. Now you are out in the middle of the woods with no cell phone, and the only way to get to the hospital is to drive there. Your father can't drive for obvious reasons, but you have a revoked drivers license.
Technically it might be illegal to drive, but should that really be a crime?

Answer 1

the only consistent answer is that something is wrong becuase it's illegal.

illegal is purely based on the government, and illegal means its "against the government". anything against the government is wrong, all moralities/beliefs aside.

However, some people think that blasphemy is wrong. However, there are no laws for it from an offical standpoint. So while it may be "wrong", it certainly isn't illegal.

Answer 2

Keep in mind that "wrong" isn't a legal term, it's an ethical one. You can say that something is "wrong" because there's a statute which forbids it, but laws are written for a variety of reasons, not just ethical ones (including pure economic concerns).

Driving your injured father to the hospital without a license is illegal regardless of the merit of your motives, because there is a statute which forbids a person from driving without a license. However, I wouldn't classify the choice to excuse compliance with the statute in an emergency to save the life of a family member as "wrong" simply because the legislature has said it's so. It may be a crime by technicality, but my guess is you wouldn't be likely to face prosecution for it on a practical level.

Answer 3

Sweety, I would drive so fast and I don't care because the life of my father way surpasses any consequences the govt would dish out at me.....that's a no brain-er! Some laws make no sense, the govt. just makes some laws because it suits one group or another, its political! Of course I don't condone speeding or driving with a revoked license, but in certain circumstances you have to break the law and let the chips fall where they may!

Answer 4

In general, things should be illegal because it is wrong. But it is not always that way in real life.

In the given case, I doubt it would be considered a crime. But there are many cases where you become guilty or innocent for technical reasons.

Answer 5

The legal system is supposed to ensure speoples safety. Unfortunately, politics has blurred this distinction. Secondly, laws should be devised wtih flexibility so that one can make the best decision based on the situation rather than something that is set in stone.

Answer 6

Policemen do not have that computer in their cars to identify every revoked licensed driver, its there to help them receive text reports on suspects they have sent to them, so technically if your never stopped, your not doing anything illegal.

Answer 7

There are many waivers for emergency situations like the one you mention.

For example, you are not allowed to use HAM radios without a license, however if it is an emergency that involves potential loss of life or property you are entitled to use the radio to summon help.

Answer 8

Acts that are illegal fall under to categories:

1 - Mala En Sae -things that are naturally wrong (murder, rape, stealing, etc.)

2 - Mala Prohibita - things that are wrong because a government declares them to be wrong. (underage drinking, driving without a license, parking in handicapped space without ticket)

You situation is #2

Answer 9

It would be illegal to drive, but you would have a moral obligation to drive and get your father help. A ticket or fine is obviously preferable to serious injury or death.

Answer 10

OK, now I know your last question was just hypothetical...

In this case, I'm sure that the "judge" would dismiss the penalty, even though you technically broke the law. This happens in many cases for life-threatening emergencies.