flink@umcp-cs.UUCP (Paul Torek) (08/24/84)
From Betsy Perry: As several people have pointed out, I defined my major premise badly. I said 'Unenforceable or unenforced laws are bad for society.' What I meant by 'unenforceable/unenforced laws' was 'laws which do not reflect the moral consensus of the community.' But the original phrasing was more fun to ridicule! As one author (off the net) said, "The fact that laws against murder seldom deter wife-killing does not inspire me to legalize wife-killing, notwithstanding the undisputed facts that it would then be far safer for the killer and that the decision to kill one's wife is an intensely difficult and personal one." I liked that one. Three question-begging slogans with one stone! Anyway, the reformed major premise is still silly. The civil rights laws of the 60's did not reflect a consensus at the time -- they were very controversial. Ditto and then some for Abolition. Arguably, both of these laws were right in spite of (and in a way, because of!) the dissensus on these issues. By and large, people obey laws because the laws agree with their own feelings about right and wrong, not simply because they're laws. Not exactly: many people's views are (unfortunately, I would argue) strongly influenced by the law, especially Constitutional principles. Of course, as you point out, this leverage works both ways, and people's acceptance of the law as moral authority diminishes when laws are made in the face of a lot of dissent. BUT IS THAT BAD? I submit that is not. The cynical, hardened criminal has no respect for the law anyway, and most other citizens were brainwashed in civics to have too much. Getting people to think critically about which laws are respect-worthy is to be applauded. (Of course, this small advantage is no justification for unjust laws -- so don't try to misinterpret me as saying that (I know you'd love to).) Another stupid argument runs into counterexamples and logic, and sinks. Blup Blup Blup! Two stupid arguments down; 999,998 to go. [ ... gonna get yours too! Another one bites the dust!] --The aspiring iconoclast, Paul Torek, umcp-cs!flink