RE: Law versus morality
September 2, 2018 at 3:21 am
(This post was last modified: September 2, 2018 at 3:21 am by BrianSoddingBoru4.)
(September 2, 2018 at 2:01 am)robvalue Wrote: Maybe it would be interesting to list some things that would change, if law took on moral consensus. I mentioned one already, adultery. I think this represents government not being involved in who you have sex with, as long as it's a consensual adult. The first part is giving you maximum liberty, and the second is protecting the vulnerable.
So if this changed, what would happen? Rape cases are hard enough to prove, so consensual sex with a third party complainant would be even harder. Making accusations would be extremely easy on the flimsiest of grounds, and would take up a whole lot of police/court time. I think this shows how practicality enters into the equation as well.
I think the legal strictures against theft might change, if laws were based on moral consensus.
If I steal your car for no other reason than it happens to be a mad whip and I really, REALLY want it, that would be immoral. If I were to steal bread for no other reason than to feed a starving child, it would be a right hard bastard that would judge me immoral. Yes, under the current system, both thefts are illegal.
Boru
‘I can’t be having with this.’ - Esmeralda Weatherwax