Under exigent circumstances, yes, there are many laws that can be broken.
For example, I am standing on a bridge that displays a sign saying "No Jumping or Diving From Bridge."
I observe a car miss the turn onto the bridge and go into the water.
Do I obey the law, and run the 1/4 mile to the edge of the bridge, then down the bank of the river, and go in after the victims, or do I jump off the bridge, down 15 feet to the victims who are now passing under me?
As a Police Officer, if I saw someone leap from the bridge into the water in an attempt to save those victims, that person would not be arrested or cited.
This isn't a perfect analogy - but I believe it illustrates the point.
2007-11-20 13:14:07
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answer #1
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answered by CGIV76 7
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Someone comes at you with a knife about to stab and rob you... you happen to have a gun. Well, it is illgeal to shoot someone right? So what are you going to do, get stabbed or shoot the guy?
Self defence is the exception to breaking the law.
The person that stated self defence isn't breaking the law makes a really good point. Using excessive or unecssary force is also illegal, but if you being robbed or stabbed was the case I can't see you being charged with it.
The law is funny. Its really hard to say this is illegal and this is not when there are always exceptions and everything dependes on the situation.
Actually there was a case a few years back when police pulled some guy over and ended up searching his trunk without his permission. Well, they found a whole bunch of garbage bags full of weed in there. I'm not sure what happened as there was a big argument about it as the officers didn't really have a good reason for searching his trunk.
On a different note I find it very odd that you say breaking the law is not appropriate even there are circumstances. So you've never driven a mile over the speed limit? You've never littered? You never tried alcohol before the legal age limit of your province or state?
2007-11-20 13:14:45
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answer #2
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answered by CSF 6
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Yes. If you are shipwrecked and swim ashore on a private island with the absentee owners absent, and to survive break into the house and take only the food needed to survive and call the coast guard, you are breaking the law but have a legal defense. On the other hand, you are responsible to pay for the broken window, the food, the phone call, and any rain damage etc caused by the broken window if you don't block it off before you leave. And there is no excuse for taking the mink coat, jewelry or television set.
2016-04-05 00:58:51
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answer #3
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answered by ? 4
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Sometimes it is, yes.
For example, you're walking down the house and you see a house on fire. There's a baby screaming from inside a locked bedroom window.
You smash the window, climb in, and rescue the baby.
You just committed the crime of breaking and entering. Was it appropriate for you to do so? Of course it was, and you'd never be prosecuted in such a case.
EDIT.... I can think of no situation where applying for a job without proper identification would be breaking the law. It would be breaking the law for the employer to hire you without somehow verifying your employment eligibility. Some jobs it might be illegal for you to work without proper ID (a driver, for example), but just APPLYING for a job without having ID is perfectly legal.
Richard
to Cameron.... killing someone in self defense isn't breaking the law, because it's not illegal to kill in self defense. The question is whether or not the killing met the legal definition of "self defense".
2007-11-20 13:09:59
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answer #4
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answered by rickinnocal 7
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Yes. I'm from Finland, and our laws have an excuse clause, you can break the law if the crime you do prevents a more serious crime from happening. I think the order is; saving a life, preventing injury, saving property.
So in order to save someone's life, you can do pretty much anything that's otherwise illegal.
2007-11-22 07:22:20
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answer #5
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answered by Anonymous
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What is the purpose of the law? That is where you have to begin. Conventionalists maintain that law and justice are merely man-made conventions and that no action can be deemed to be right or wrong unless a particular populace, through its customs or positive laws, declares that it is right or wrong. Positivists espouse relativism and subjectivism with respect to what is proper or improper.
Natural law opposes the idea that moral law is relative, subjective, and changeable. Natural law provides a criterion by which positive laws can be judged. If the law of the state runs counter to natural law, it is held to be unjust. Positive law and normative justice are not synonymous. If justice is pertinent then natural law is pertinent.
2007-11-20 13:16:22
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answer #6
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answered by Jimbo bob 2
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The law is not perfect, and it is always changing. If you find yourself in a position where you deem it necessary to the greater good that you break a law, then go ahead and do it.
But be prepared to defend your actions, and be prepared to pay the price if the courts disagree with your motive.
2007-11-20 14:39:08
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answer #7
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answered by wuxxler 5
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If you're thinking of ethical concerns, the main question becomes "Is the punishment I will receive for this justifying the benefits?"
If you're speeding because your baby is in the back seat dying and you're trying to get to a hospital, even if you get cited (I know a cop would not do that...), it would still be worth the expense.
If you are thinking of killing your neighbor because his child is a schmuck and you don't think he should breed any more, you can decide if it's "worth it." I'd say no.
Matt
2007-11-20 15:25:05
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answer #8
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answered by mattfromasia 7
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Yes!
This tactic was used successfully in the Civil Rights movement, When Blacks were not allowed service at public restaurants, Could not (lawfully) drink out of of white only designated drinking fountain, or (lawfully) use a white only toilet.
It is called Civil Disobedience,
2007-11-20 13:17:47
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answer #9
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answered by Anonymous
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Sometimes doing the right thing is wrong. Like if your wife is in labor and you are speeding to get her to the hospital. Your breaking the law by speeding but isnt it worth it to make sure you get them there in time?
2007-11-20 13:09:19
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answer #10
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answered by Anonymous
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