Legislating morality. Nothing more, nothing less.
The legislation of morality is the crux of the problem.
Traditionally, people have often muddled the question of legal vs. moral. Morality is essentially a religious construct and religion and government have been intertwined. Fortunately, we've gotten away from that, although old practices die hard and some old morality-based laws are still on the books.
We don't legislate morality, or at least we shouldn't. Morality is between the individual and and conscience, his associates, and his god. What we legislate is a social contract, which is an agreement among people about how they're going to treat each other subject to government enforcement.
As it plays out, many things that are immoral are also appropriately illegal, like theft and murder. Other moral qualities, or virtues, such as chastity or honoring one's parents, are none of the government's business are are not or should not be illegal if we are to retain privacy and minimize discord. Immoral acts that are illegal are so not because they are immoral but because they violate the social contract.
The man on the street may muddle morality and legality when casually reacting to his environment in the midst of a hectic life, but thoughtful reflection should be able to recognize the distinction.
Karen |
