CodeOfSilence
Posts: 235
Status: offline
|
quote:
ORIGINAL: UllrsIshtar quote:
ORIGINAL: CodeOfSilence There are entire legal systems at least in theory built upon common opinion. Legal systems are always entirely based on opinion. Whether those opinions are held in common or not depends solely on the type of society it is. quote:
ORIGINAL: CodeOfSilence one could argue that the other persons right to free speech should come with obligations. Common rights (as in: things applicable to everybody within that society) are always countered with obligations. In Western democratic society, the counter obligation to the right of free expression is the fact that you yourself are responsibly for dealing with how you feel about other people freely expressing themselves, without attempting to use force to get them to stop. (I.E. you have the right to express yourself, your obligation in that regard is to deal with the fact that others have that same right, even if you don't like it). There are other obligations, including the ones dealing with where the law draws the line as to what it considers a permissible act of free expression and what is not (in most Western democratic locations, you're not allowed to masturbate in public), but the obligation to deal with your emotions around your disapproval of other's right to free expression without the use of force is the most important one. quote:
ORIGINAL: CodeOfSilence But there are situations where I think that modern civilization protects disgustingly immoral behaviour. I agree 100%. But morals and rights are not the same thing, despite how often people conflate them. Rights stem directly from law. One cannot have a right that is not defined by law. Laws stem directly from the social contract governing that specific society, at that specific point in time (whether they're written down or not). Morals are the overarching system by which an individual determines what they deem "good" and "bad", and cannot be codified by law by their very nature, because they are dependent on the individual (although, very often, majority morals are attempted to be codified by law, usually with limited success). We, as a species, developed morals and ethics as a evolutionary survival tool. By means of us having morals, we are more successful at living in the large groups that we are than we would be without them. However, that same evolutionary tendency towards morals also dictates that morals will not be consistent among populations. There will always be outliers. This is why we also have laws: to deal with those not ascribing to the morals of the majority. As such, laws will always both take precedent over (on a group/macro scale) and well as be subordinate to (on an individual/micro scale) to morals. quote:
ORIGINAL: CodeOfSilence So you wouldn't be in favour of taking the law in your own hands ever or to change the law so that it includes obligations or wider principles of quid pro quo? That's too complicated a question to answer on this thread, without writing a novel and derailing the whole thread (which we are already doing). In short: I am in favor of each and every individual spending the time to have a strongly developed, and ever refining, moral code that is based, not on external dictate, but their own introspective believe systems. I strongly believe that this moral code should be Darwinist and concentric in nature, where both the optimal survival of the individual, their offspring, and their kin, as well as the survival of humanity, and life on Earth as a whole is taken into account on a hierarchical plane. As such, I believe it's an individual's moral duty to resist those laws which they consider immoral, and that the means by which one ought to do so are dependent on the context. I also believe that it's of the utmost importance that, if and when, one decides to resist a law they consider immoral, they do so deliberately and consciously, instead of in a reactionary manner. o.O Nice. I'm a bit stumped and you have me somewhat convinced. I'll take the contents of this post with me, thanks.
|