Making Sense of Evil Law

Abstract

In this paper, I seek to introduce, define, and ultimately defend the concept of ‘evil law’. Firstly, I look at the reasons – both theoretical and moral – why using the concept of evil law is valuable. Secondly, I argue that evil law is distinct from merely bad or unjust law and can be defined as law, which, if interpreted in its best light, will inflict or enable intolerable harm (including atrocities) to victims themselves. Thirdly, I claim that evil law is indeed law despite objections based on both its external and internal immorality. Fourthly and finally, I reject the challenge that using the vocabulary of evil law is empty at best and dangerous at worst. 

Keywords: evil, law and morality, legal history