Does the phrase “uphold the law” imply “obeying the law”?

ambiguitymeaningphrase-meaning

The different dictionaries I looked at define "uphold" as meaning to "support or defend or maintain" something.

When I think about that word I think about it being used in the phrase "upholding the law".

For example, a police officer might "uphold the law" by stopping someone from breaking a law or arresting someone who has broken it. Or a judge might "uphold the law" by indicting someone who was charged with breaking it.

Does the word "uphold" in this phrase imply that they also comply with the law/do what it says?

Best Answer

First, some definitions of uphold:

Cambridge

  • to defend or keep a principle or law,
  • or to say that a decision that has already been made, especially a legal one, is correct
  • to defend or maintain a principle or law,
  • or to state that a decision that has already been made, esp. a legal one, is correct
  • to state that a decision which has already been made, especially a legal one, is correct

Merriam Webster

  • to give support to
  • to support against an opponent

FindLaw

  • to judge valid
  • let stand [ an award]
    specifically: to hold constitutional

Longman Law Topic

  • to defend or support a law, system, or principle so that it continues to exist
    “a committee that aims to uphold educational standards”
  • if a court upholds a decision made by another court, it states that the decision was correct

The overall sense of uphold is thus that of defending, maintaining, asserting, supporting or validating principles, laws and decisions.

None of the definitions deals with or implies anything about the personal morality of those who uphold. The nearest to this is the Cambridge keep a principle or law, which is sufficiently vague or ambiguous that we might assume keep..." to mean "retain ..." rather than "adhere to ..."

I therefore suggest that upholding a law gives only weak grounds to expect that the upholder will adhere to it. It is quite possible for a person to uphold and profess the general right to property while benefitting personally from fraudulently obtained goods. How otherwise can they hope to retain their ill-gotten gains?

We see the same discussion within politics: It is commonplace to surmise (or discover) that politicians who uphold laws do not themselves obey them. Here is but one example:

The Conversation

"At a time when many Britons would have loved to follow their instincts but followed the government instructions, this message from the prime minister sounded to some like the rules apply only when he says so and he is free to make exceptions for those close to him."

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