Tuesday, January 28, 2014

The Role of Morality in Law

Here's a question to my teammates:

How much should the law reflect moral beliefs? Do you believe that the law is made to craft people into good and proper human beings by showing them what is right and wrong to do, or do you believe that moral beliefs are to subjective to be forcefully imposed on the people of a country?

Two extreme ends of the scale to think about would be impedance or absence of paternalistic laws. These include laws typically define as "laws that protect people from themselves". For those who enforce a morality based legal system, proper laws include those that ban drug use, enforce seat belt/helmet use, and require taxation for government services. Those against these types of laws believe that they impede on our freedoms and rights as citizens.

Holmes discusses this point in "The Path Of The Law". Here is a short paragraph where Holmes discusses the issue directly:

"The first thing for a business-like understanding of the matter is to understand its limits, and therefore I think it desirable at once to point out and dispel a confusion between morality and law, which sometimes rises to the height of conscious theory, and more often and indeed constantly is making trouble in detail without reaching the point of consciousness. You can see very plainly that a bad man has as much reason as a good one for wishing to avoid an encounter with the public force, and therefore you can see the practical importance of the distinction between morality and law. A man who cares nothing for an ethical rule which is believed and practised by his neighbors is likely nevertheless to care a good deal to avoid being made to pay money, and will want to keep out of jail if he can."

It is also worth mentioning that Holmes believes that the court's job is not to discipline "bad men", but to punish those who break promises and compensate those who are victimized due to the breaking of those promises. Holmes also discusses how it is the lawyers job to interpret the law in a way favorable to his client and predict how the court will rule, aiming to sway the ruling into his side's favor. 

What do you all think? Should laws protect us from ourselves and teach us how to be righteous human beings, or should it only limit the necessary crimes and leave us to craft our own moral compass?

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