The
Law vs Morality Argument
I had a revelation the
other day about this very issue. I was listening to one of my favorite
podcasts, Kinda Funny, as I was working. The topic at hand was
about the recent Ashley Madison security breach. Then I heard "you
generally can't legislate morality". If we as a nation legislated
morality across the board everyone would have a criminal record. It's always debatable as
to what is moral and immoral, but think about all the liars, people who cheat on their significant others, even porn
depending on your view about that, eating more/less than what is necessary, and all
other kinds of debatable debaucheries. All these non-violent physical acts to
an extent weaken the community to some degree, and can even cause more damage
than drugs. A lot of people point to drugs and say they're bad for the
community because it affects those around you. Guess what...so does what I mentioned and more,
but society doesn't realize it. This begs the question...are drugs
immoral? What is the relationship with morality and law?
Are Drugs Immoral?
To answer the first
questions, drugs are amoral. I don't think there's a dispute about that. What
society focuses on are the consequences of drugs, the physical, mental, financial,
and personal loss. Drugs can indeed lead to terrible things, but it's wrong to
place judgement that all drugs can and will do this to an individual. What it
comes down to is self control. Do you know someone who likes to indulge in
alcohol from time to time? Probably. And is their life crumbling out of
control? It very well might be, or maybe not. It all depends on self control.
Recently, it's been revealed that alcohol isn't nearly as innocent as we all
think. 1 in 10 deaths of working-age adults can be contributed to alcohol. If
you're one to enjoy alcohol from time to time, you're doing more damage to
yourself and others than Ketamine, Cocaine, Marijuana, and LSD.
As a culture, we've been taught to celebrate drinking and condemn anything
else. Here is the truth...people enjoy "taking a break from reality".
We take a break from work, school, exercise, and from each other. I don't
condone being reckless and using drugs for the wrong reasons. In my opinion do
you, be smart, and think about your loved ones.
Alcohol Rehab is available to individuals who are looking into addiction treatment.
Centers for Disease Control and Prevention
Vox is an up-and-coming news outlet that focuses on a variety of projects.
Cable News Network owned by Turner Broadcasting System.
http://www.webmd.com/mental-health/addiction/news/20101101/alcohol-more-harmful-than-crack-or-heroin
Drugs are a band-aid for
life's scars, and as a society, we're going about it the wrong way. There is a deeper issue
at hand. Indulging in food, working out too much, being a workaholic, and many
other "band-aids" are all ways to deal with what's really going on
inside of each and everyone of us. People are miserable, and they're trying to
treat their unhappiness with anything. The United States is the most depressed
first-world country in the world. Instead of fighting the "war on
drugs", we should be fighting the "war on depression", and then
abusive drug use could go down, along with eating disorders, failed marriages,
broken people, and suicides.
Law and Morality
The foundation of all
law is morality. Just
like anything else, there's different ways to look at how morality and
law co-exist. "No nation in the history of that world has ever been saved
from moral bankruptcy by enacting laws". Laws are either lagging behind the moral code of the people, or the laws are ahead of
the moral code of the people. We've had examples of this in the United Sates.
Go back to the civil rights act (which is technically unconstitutional) for
example. Society's moral values were pushing the legislative to enact a law that
harmonized with their own moral code. And, even more recently with the
legalization of gay marriage.
A "right of center" political media source from Capitol Hill.
I guess we should answer
the question of what is morality and law.
Morality are the rules of right conduct concerning
matters of great importance. Violations of such can bring disturbance to
individual conscience and social sanctions.
Laws are rules which are enforced by society.
Violations may bring a loss of or reduction in freedom and possessions.
What is the relation of
morality to law? In short, an opinion of few in power who then forbid people to
participate in those actions. To have law repealed, a massive amount of
individuals have to voice their disgust with the law, and then only then, does
the law have an opportunity to change. Someone can be a moral person and follow
a strict moral code, but then commit a crime because their moral code doesn't
align with society's. It can be the other way which the person may commit an
immoral act, but it's legal. Lawful does not necessarily mean moral. To do the
right thing, sometimes you have to break the law (the civil rights act).
Here are a few examples
of different ways to view moral and legal wrongs.
Legal and Moral Wrongs
Telling lies or acting
dishonestly is generally considered to be wrong morally. Dishonesty in certain
circumstances may be regarded as legally wrong, but only under strict
definition.
Normative Rules
Morality is composed of
"Normative rules" which set out what a person should do, or what
he/she should refrain from doing.
The emphasis is on
"should", because the individual is not compelled to abide by
normative rules, he or she simply ought to.
Positive Rules
Law is made up of
"Positive rules" which impose a legal obligation to do or refrain
from doing something. If a positive rule is breached a sanction may be imposed.
Plato believed that
"knowledge of what is just or moral, and the ability to distinguish true
justice or morality from what is merely apparently just depends on the full
development and use of human reason. According to Plato, there is a very close
connection between true justice or morality and human well-being or
flourishing. Legal and political arrangements that depart too far from true
justice should, if possible, be replaced by arrangements that better promote
justice and thus well-being."
The information I'm
about to provide is taken directly out of the publication.
1) The existence of
unjust laws (such as those enforcing slavery) proves that morality and law are
not identical and do not coincide.
2) The existence of laws
that serve to defend basic values - - such as laws against murder, rape,
malicious defamation of character, fraud, bribery, etc. - - proves that the two
can work together.
3) Laws can state what
overt offenses count as wrong and therefore punishable. Although law courts do
not always ignore a person's intention or state of mind, the law cannot
normally govern, at least not in a direct way, what is in your heart (your
desires). Because often morality passes judgement on a person's intentions and character,
it has a different scope than the law.
4) Laws govern conduct
at least partly through fear of punishment. Morality, when it is internalized,
when it has become habit-like or second nature, governs conduct without
compulsion. The virtuous person does the appropriate thing because it is the
fine or noble thing to do.
5) Morality can
influence the law in the sense that it can provide the reason for making groups
of immoral actions illegal.
6) Law can be public
expression of morality which codifies in a public way the basic principles of
conduct which society accepts. In that way it can guide the educators of the
next generation by giving them a clear outline of the values society wants
taught to its children.
I've provided
information, opinion, facts, and even philosophy into the mix. I can't tell
everyone what to think as much as I'd like to. All I can do is present the
facts and information and allow individuals to conjure up their own opinions.
Here is my final thought on all of this. Laws are an unnatural way to look at
the actions of humans. It strictly looks at the facts of things. There are no
moral influences at all; which can't be ignored, in my opinion. That
complicates how sentencing is done, and I don't have a solution for how it
could and should look. The more you question the system the more it doesn't
make sense, and the more confusing it all becomes. There needs to be a
revolution for how our system is arranged. It's archaic and not fit for the
evolution of man.
Live and let live. Sadly, people will always abuse drugs,
each other, their work, their bodies, and their souls. It's impossible to live
in a bubble. Are we going to make being too fat or too skinny illegal because
it affects people around you, or make being rude to strangers illegal because it
weakens society? We can't do that. What we can and should do is offer love and
support to those around us, and preach moderation. It's time to evolve as a
society. The old way isn't working, so let's make space for the new.
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