Liberal Thinker
01-24-2003, 04:51 PM
It is often said that we cannot legislate morality. To test the logic of this, we have to first recognize that we are talking about two different things, law, and morals. Is it logical and necessary to keep the two seperated?
We have to define some terms here. The assumption by most who say that we cannot legislate morality, is that morality is religious, and therefore a violation of the seperation of church and state. Looking at my handy dandy Webster's Dictionary, let's see if this view holds up.
Moral - of or relating to principles of right and wrong in behavior.
Hmm. Nothing on religion there. Okay what are ethics?
Ethics - a : a set of moral principles or values b : a theory or system of moral values.
So far, nothing on religion. What is law?
Law - a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
Okay, so to a Christian, Do Not Murder is a Moral derived from the Judeo-Christian Ethic. To a female member of N.O.W., it is a moral principle that women should not be sexually harassed. To a Civil Rights worker, it is a moral principle that one should not discriminate. Morals are simply principles of right and wrong, and they may or may not come from religious sources.
The law different only in that it is enforced by an authority. We absolutely legislate morality, as does every country in the world. Even professional organizations such as the American BAR Association legislate morality by outlining a system of morals, which becomes their code of ethics, and what is codified and enforced is a law.
So, in a Republic, we the people, through our representatives, advocate our moral principles, despite the ethical source, to become law. If we do not, someone else's moral principles become law at the expense of our own. The statement that you cannot legislate morality is therefore absurd.
We have to define some terms here. The assumption by most who say that we cannot legislate morality, is that morality is religious, and therefore a violation of the seperation of church and state. Looking at my handy dandy Webster's Dictionary, let's see if this view holds up.
Moral - of or relating to principles of right and wrong in behavior.
Hmm. Nothing on religion there. Okay what are ethics?
Ethics - a : a set of moral principles or values b : a theory or system of moral values.
So far, nothing on religion. What is law?
Law - a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
Okay, so to a Christian, Do Not Murder is a Moral derived from the Judeo-Christian Ethic. To a female member of N.O.W., it is a moral principle that women should not be sexually harassed. To a Civil Rights worker, it is a moral principle that one should not discriminate. Morals are simply principles of right and wrong, and they may or may not come from religious sources.
The law different only in that it is enforced by an authority. We absolutely legislate morality, as does every country in the world. Even professional organizations such as the American BAR Association legislate morality by outlining a system of morals, which becomes their code of ethics, and what is codified and enforced is a law.
So, in a Republic, we the people, through our representatives, advocate our moral principles, despite the ethical source, to become law. If we do not, someone else's moral principles become law at the expense of our own. The statement that you cannot legislate morality is therefore absurd.