Part 1: Legislating Morality Refutation

As you might now, Jason over at Logical Consistency and I are currently waged in a life or death debate on legislating morality. Or something like that. Anyway, we’ve both posted a case for our position, and now we get to the good part — the refutation. This should be both fun and educational, so I’m looking forward to it. This refutation will be written in a very casual style.

In order to understand what exactly I’m refuting, it might be best to open up Part 1: The Enforcement of Morality Debate by Jason, and read my responses to his points right after reading his essay. This will make the discussion much more coherent. Also, before reading the refutation, it would be incredibly helpful to read my original case against legislating morality. My refutations will be based upon that case. This is a bit long, and, considering it’s based upon a “quote then refute” style, will read more like a casual conversation than a professional critique.

Ban it All

At this point, I’m surprised to say that Jason has not argued that only some sin should be banned. He’s arguing that sin should be banned. Period. Any clarification he makes on this simply hasn’t been made yet. I’ve heard of people wanting to ban things if they hurt society. But Jason has argued that sin should simply be banned.

In order to make sure I wasn’t misunderstanding what Jason was arguing, I had another person read over his article and make sure that I wasn’t missing anything. Given his arguments, he provides no exceptions, and strongly implies and even states that sin should be outlawed. Not some sin — sin. If Jason wants to clarify his position, that’s fine. But it will be in direct contradiction to his arguments. Basically, he’ll be refuting himself.

This is, up to this point, the most radical belief of legislating morality that I have come across. I do not say this in a mocking way — if Jason is right, then radicalism is no vice. I, however, believe Jason is completely wrong.

Church and State

Before I begin, I’d like to note that if we do as Jason is implying we do, we’ll need a new court — a court to interpret the Bible. Yes, this is about as frightening as it sounds. A full-scale attempt to legislate morality leads to a slave society where we have merged the Church and State. Freedom will die.

(Note that I’m not against God and State — just Church and State.)

Logical Conclusions

I will be using the argumentation style of reductio ad absurdum. In other words, I’ll show how Jason’s theory takes us to logical conclusions that are obviously false. Namely, in this discussion, slavery and a government that makes 1984 look like America. I am not saying that Jason consciously supports these policies — that would be a straw man. I am, however, saying that his philosophy supports these policies and restrictions. Pure scary.

Considering I’m sure that Jason doesn’t support using state action to monitor individual computer usage, dating activities, child-parent relationships or our ego-problems, he has a contradiction in philosophy, as I’ll be explaining later.

———

Jason starts off by saying that he isn’t like George W. Bush. This is a very good thing. ;-) He then defines conservativism. I think his definition is incredibly weak, but before getting into that, let me first say that the point isn’t relevant — we aren’t debating conservativism verses libertarianism — we’re just one aspect, just one concept. If this were a formal debate round, Jason would be the affirmative and I would be the negative. My purpose is simply to show why a system based on the legislation of morality is weak indeed.

This may or may not have implications regarding conservativism or libertarianism, but that simply isn’t the point. It’s a great point, but completely off topic. But since it has already been brought up, I’ll respond. ;-)

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8 Comments »

  1. Andrew Slater said,

    January 4th, 2008 at 9:10 am

    I couldn’t agree more….excellent refutation and discussion. I’m really enjoying reading what you and Jason are posting. One point I’d like to make: I think you both advocate “legislating morality”….. you just differ on the interpretation of the “moral standard” that should be used. You hinted early in the refutation that you believe someone can’t just run over another person with their car…meaning you believe that there IS a justified moral standard to protect life (laws against murder, manslaughter, etc.) that should be enforced. You and Jason differ on the moral standard that should be used, in that you don’t believe the state – the legitimate body able to execute a monopoly on the use of violence- should violently enforce an absolutist moral standard . Just my thoughts =). Great post.

  2. Shaun Connell said,

    January 4th, 2008 at 9:23 am

    You are certainly right about a differing moral standard, and how I think morality should not be ignored. However, coming up with a label for what I believe to be moral government is interesting. A friend of mine, Josh Kerr, said it this way, and I think he’s dead on:

    “It seems like you draw a distinction between “legislate morality” and “legislate morally.” The former would indicate a series of laws which would force people to behave in ways that are “right” and prohibit them from behaving in ways that are “wrong.” The latter would involve the supposition that legislating is itself a morally significant event, and we have to grapple with the difficult question of what is “right” and “wrong” when it comes to the nature of the laws themselves.”

  3. Daniel said,

    January 4th, 2008 at 11:09 am

    Great post Shaun, I agree with you 100%.

    I was wondering if you have the time; I’d really like to hear your thoughts on Iowa and what it means for the various candidates.

  4. Will said,

    January 4th, 2008 at 1:39 pm

    Excellent clarity and refutation.

    I, personally, need to research social contracts more.

  5. Ian said,

    January 4th, 2008 at 3:01 pm

    Excellent refutation–I can remember having made all those points in the past, and it is nice to see them used so well together. I must agree: there is no logically consistent ground between a totalitarian theocracy and autarchy.

  6. Part 2: The Enforcement of Morality Debate | Logical Consistency said,

    January 7th, 2008 at 2:24 pm

    [...] responded to my first essay. Because Shaun posted his two articles in response to mine, I’m going to have to write two [...]

  7. Nick said,

    January 8th, 2008 at 10:34 am

    I totally agree Shaun, except for on one point. As a Christian, I believe that the only way to find true happiness is by following Christ. However, I dont think that Christianity should be forced on people. I think you are absolutly right in saying that people have a right to choose which religion they want to be. Using the government to enforce religion is reminiscient of the Taliban.

  8. Shaun Connell said,

    January 8th, 2008 at 11:34 am

    Nick,

    Actually, I’ll agree that /maximized/ happiness is when we follow Christ. However, this is not possible to enforce this, and it is, of course, possible to find /some/ happiness in other manners. Remember, we have the right to pursue happiness — that doesn’t mean, as even Jason admitted, that we have to be happy.

    Government shouldn’t force it’s people to be happy. ;-) So I think we’re in agreement, after all.

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