Jimmy Akin, expert on the moral dimension of legislation, debunks the claim that legislating morality is inherently wrong. Law and morality are inherently connected, as laws reflect values and ordering of human affairs.
Legislating morality is necessary in law as it inherently has a moral dimension.
The claim against legislating morality is a tactic to avoid rational discussion and evade opposing arguments.
Deep dives
Legislating Morality
Legislating morality is a necessary aspect of law, as laws inherently have a moral dimension. Even seemingly arbitrary laws imply underlying values, such as prioritizing safety. Without legislating morality, the entire body of law would collapse, leading to a lawless society. The alternative of making laws in an amoral manner would result in a system with arbitrary and inconsistent values. The argument against legislating morality lacks a clear standard and can be seen as a tactic to avoid rational discussion and evade opposing arguments.
The Incoherence of 'Not Legislating Morality'
The claim that people should not legislate morality is incoherent. The absence of illegal prohibition implies that the term 'should' refers to a moral claim. Therefore, suggesting that making moral laws is immoral creates a contradiction. This claim is often used as a conversation stopper to avoid engaging in rational discussion and evade answering opposing arguments. In reality, the proposition to not legislate morality lacks substance and serves as a means to silence opposing viewpoints.
1.
Legislating Morality and Its Inherent Relationship with Law
DAY 334
CHALLENGE
“People should not try to legislate morality.”
DEFENSE
Any degree of scrutiny causes this claim to fall apart.
First, law deals with the ordering of human affairs—what people are and are not to do—and this has an inescapably moral dimension. This is obvious with laws prohibiting things like murder and rape, but it is true of legislation in general. Laws that redistribute wealth or raise public funds to be spent on certain projects imply a set of values. Even laws that seem completely arbitrary from one perspective (e.g., drive on the right side of the road rather than…
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