Exploring the relationship between law and morality, analyzing apartheid laws as an example, the complex relationship between law and morality, and the role of public communication in changing moral relationships and generating moral claims.
Legal practices are a form of moral practice, creating and rearranging our moral relationships.
Disagreements about the law often stem from deeper moral disagreements, highlighting the importance of public conversation and civil disobedience.
Deep dives
Law and morality are interconnected
The podcast episode explores the relationship between law and morality, challenging the traditional view that they are entirely separate. The speaker argues that our legal practices are actually a form of moral practice, aiming to create and rearrange our moral relationships. He compares legal practices to the act of promising, where fulfilling a promise changes our moral responsibilities. While there are moral issues that are not policed by law, the speaker suggests that legal rights are a subset of moral rights, and our legal practices aim to generate genuine moral rights and responsibilities.
The significance of legal relationships
The episode delves into the significance of legal relationships and how they shape our moral obligations. The speaker discusses the example of a promise to record a podcast, explaining that while it creates a moral responsibility, it may not necessarily hold a legal obligation. Legal rights and responsibilities are seen as part of a broader moral framework, dependent on the societal norms and the seriousness with which we take commitments. The speaker acknowledges that our moral views are shaped by various factors, including culture and upbringing, but argues against moral relativism.
Critiquing the distinction between law and morality
The podcast challenges the stark distinction often drawn between law and morality. The speaker acknowledges that while some legal practices have been deeply immoral, such as slavery and segregation, he argues that the participants in those practices were morally confused, believing they could create certain moral rights and responsibilities through laws. He suggests that our legal relationships are moral relationships and that legal practices can be morally criticized. The episode also discusses how disagreements about the law reflect deeper moral disagreements, and explores the role of public conversation, dissent, and civil disobedience in shaping our legal practices.
What is the relationship between law and morality? How do they differ? Scott Hershovitz discusses these questions with Nigel Warburton in this episode of the Philosophy Bites podcast.
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