Lex iniusta non est lex

-St. Augustine
Antigone is a young brave woman who defied the decree of King Creon (the head of state
as well as the lawgiver) not to bury his slain brother. She believes that that the gods have
commanded people to give the dead a proper burial. To Antigone, this duty outweighs any
human laws. When the King knew her defiance, he ordered for her execution. This story
wonderfully brings the scrupulous reader to think, Is Antigone right in defying the Kings
orders? Is her defiance justifiable?
Before examining these questions, it would be in order to discuss first, what is the
primary purpose of government? Why do we need a government in the first place? Government
exists in order to protect and preserve mans natural rights.
1
For John Locke, these rights are
given by God and discernible by human reason, that teaches all mankind that being all equal
and independent, no one ought to harm another in his life, liberty or possessions.
2

Subsequently, Man gets his rights from the Creator.
3
Therefore, the government is charged
with the sacred task of safeguarding these God-given rights.

This insight became the basis of the legal maxim, Lex iniusta non est lex (Unjust law is
no law at all). Under this maxim, laws that conflict with natural law lose their power to bind
people morally. Thus, a government that enacts an unjust law forfeits its right to be obeyed
because it lacks moral authority.
4


Filipinos became the proof and testament to the veracity of this statement. For almost
three decades, under martial law our ancestors experienced oppression and severe violations
against human rights. But time came when the people joined hands and cried, tama na!
5
Thus,


1
Hector De Leon, Textbook on the Philippine Constitution (Manila: Rex Book Store, 2008), 116.


2
Two treatises of government by John Locke


3
quoted from US Supreme Court Justice William Douglas


4
Antigone, [article online]; available from literarylawyers.org/antigone/; 07 July 2014.


5
Roughly translated as, this is enough (stop the oppression).

EDSA people power was born. It may be considered an illegal and unconstitutional act but
nonetheless, it was generally accepted. I concur that this is an implicit acceptance that natural
law is superior to positive law. Hence, when laws became oppressive and unreasonable, the
people has right to protest in order to defend their natural or inherent rights.

As Justice Foster would agree, the reason of a positive law must be consistent with the
natural law.
6






Note: The word count reached beyond 4oo because it include in the counting the
footnotes. Thank you.


Submitted by:
Nubbin Paul C. Lagumbay






6
Lon Fuller, A case of Speluncean Explorers, (Cambridge Mass: The Harvard Law Review Association), 5.