There Oughta Be a Law
By Ken Connor
"'You can't legislate morality.' You hear it all the time in Washington, DC. Some Americans assume that there is something unseemly about making laws based on moral standards. Such a notion is absurd, of course. All laws are based on someone's moral standards, someone's view of how things ought to be. Nevertheless, there is a vocal element that insists that morality and law should be completely separate." More.
"'You can't legislate morality.' You hear it all the time in Washington, DC. Some Americans assume that there is something unseemly about making laws based on moral standards. Such a notion is absurd, of course. All laws are based on someone's moral standards, someone's view of how things ought to be. Nevertheless, there is a vocal element that insists that morality and law should be completely separate." More.
posted by HeavyHanded at
9:29 AM
2 Comments:
'You can not legislate morality' is true to the extent that legislation will not prevent people from acting in a way the majority of whom believe they should be allowed to act. On the other hand it is also true that all serious legislation is an expression of morality. The difference is whether or not it complies with the moral standards of a sufficient portion of the people. It would be more accurate to say 'Legislation can not dictate morality'
The real problem is the notion that the law is the only legitimate constraint to individual behavior. Life is much too complex to be able to micromanage it with a definitive set of rules. At that level, it is best dealt with through other expressions of a cultures morality such as feedback from family, religion, friends and neighbors . But because these, too, can sometimes be fallible or 'unfair' they seem to have lost favor and only the law, or what the courts ultimately determine the law to be, is accepted as allowable constraints on behavior.
By
Anonymous, at 9:55 AM
Always appreciate your input, anotmo.
Well said.
By
HeavyHanded, at 10:10 AM
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