Dear Sam,
Of all the responses, yours showed the most attention to the distinction I was trying to make.
Gordon Said:
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Ethics and Morality are no longer standards imposed by society, but chosen by individuals.
This notion deserves a little more attention than has usually been given it. For instance, it is sometimes assumed that even though the Pope (or Mulah, or whatever religious authority) is no longer laying down the (moral) law on the infallible grounds of divine revelation, that we still are collectively defining moral truth--the distinction between Right and Wrong—through the action of our Secular Law. But this is an illusion.
Sam replied:
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I personally believe that morality originally stemmed from evolutionary ques to further our species, and then as society grew more and more, and we developed an imagination, religion spawned and added damnation and good/evil to the mix. Murder, incest, thievery.. all originally bad things in a society where you'd either reduce the amount of genetic participants in reproduction (incest) thus reducing offspring's survival chances, or be destroyed yourself as a murderer. It's strange how moral belief also seems to line up with the animal kingdom's actions. It's obvious that most pack animals have no religion or society to speak of, however they actively try to find mates that are of a different family, and most do not participate in cannibalism.
Your observation--that the history of moral speculation has been full of references to our biological and social evolution--is right on the money. Unfortunately, the train track stops there. A lot of very smart people have tried to show that human ethics could be rigorously derived from our evolutionary nature, but that has proved impossible.
Gordon said:
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Here is the test: Do you personally believe that all that is permitted by the Law is Good? And similarly, do you personally believe that all that is forbidden by the Law is, in all cases, Bad? I know of very few people who would answer either of these questions in the affirmative. There are some of course, who simply repeat that public morality is defined by law, and thus refuse the distinction between them. But in the real world, of real people, it is usual to meet with a belief that the law often permits things which are Wrong, and just as often denies us the legitimate enjoyment of what we consider to be Right
I obviously didn't make myself clear at this point, because your reply doesn't follow:
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The real test should be finding a system other than our own to completely emulate societies views on morality whilst keeping itself 100 percent fair. You won't pass it.
I wasn't promising to present a legal framework superior to the present one. We (that is, all the participants to this conversation) may one day, but for now we are just doing some preliminary spade work. All I was saying is that the current system does not appear moral in all its details to anybody. And I do not believe that any other system ever would either.
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The original ideas behind law did closely follow morality, however it was soon found out that morality is subjective from person to person.
That is exactly right. People made the attempt to build law on morality, but found they could not agree on what was moral. They avoided the problem with divine authority, but competing authorities were similarly incompatible.
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That is why our laws in this current society are usually extremely vague and generalized, because they must be for widespread compliance and fairness.
That's it. And to be a little difficult, even the idea of what constitutes "fairness" is just as hotly contested as the notion of what is moral.
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I don't believe that law formed morality, much more the other way around
chicken and egg. a feedback loop of some kind
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however I also do not believe that there will ever be a system, in the long term, that everyone is happy with. People are far too varied.
Ok. this is exactly my point
Gordon said:
quote]....we do not agree on what these things are. And this is precisely why the Law cannot satisfy us as a general, collective, one-size-fits-all system of Ethical Truth. In the end, we must accept that we, and we alone are responsible for deciding on our own standards of Right and Wrong. Individually. One by one. And Law can be seen only as a set of rules designed to facilitate our living side by side.[/quote
If I am not deluding myself, this is exactly your point in different words.
Gordon said:
quote]Moreover, this set of legal rules will be based upon whatever philosophical fashion is presently in favor with with the chattering classes, and will change significantly over time. The latest fashion, appears to be the « minimization of harm ». One excellent example would concern the status of recreational drugs. If we could establish that legalizing drugs would create a situation of Less Harm then drugs would (and in the current philosophical climate very likely will) be legalized. And this perfectly illustrates our distinction between Legal and Right, because many reasonable people would agree that legalizing drugs might produce less harm, but those same people would never admit that legally providing future generations of innocent victims with free and legal access to the crippling dangers of drugs like cocaine and heroin and crystal meth, could ever be considered Good[/quote
Sam replied:
quote]What about the greater problem? "What I do with my body is my own business, and if you don't like it don't do it to yourself." It's all in the wording. People will never agree with providing future generations with crippling drugs, however ask the same group of people "Do you believe in the personal right for individual freedom of action?" and they will all wholeheartedly agree. Personally I think that rather than outlaw every drug, the people should just be more informed, from a non-partisan standpoint and be allowed to make the decision, personally, on how to treat their own bodies. I'm not a dreamer, and I know it won't work, but if we are going to bench-race our law/morality philosophy, that's where i'd want to start.[/quote
This is a very interesting statement. Because you are choosing a fixed point, that is personal freedom, to begin your proccess of deriving morality and law. And that is what has to happen if you want to have a coherent system. The problem, though, as you have already pointed out, is that there are plenty of starting points. "Fairness" "The greater good" "natural order" "personal realization" "virtue as an end in itself" "Beauty" "utility" All of these have been used, and are used and all of them lead in different directions. Not to mention that different people disagree on their meanings. It's like hundreds of engineers trying to set up a road system, just by starting out each from his own one point. Obviously the result will be a patchwork of accidental meetings.
And that is what the Law is. Just such a patchwork.
Gordon said:
quote]Therefore, we have two different things :
1. the Laws that we agree to live with, which may include the acceptance of drug addiction as a Lawful condition, including the unstoppable junkie tendency to initiate new addicts.
2. The moral standards which we personally live by which, hopefully, do not include smoking meth or teaching our friends to do so.[/quote
I wonder now what you think of personal morality? I believe we all have ideas about what is right or wrong. My point is that these ideas are our own, and there is no reason why they should neccesarily line up with what is "legal" and "illegal"
Gordon:
quote]And the point here, is to understand that when we talk about Euthanasia and Right-to-Die, the conversation has two very different, though both equally legitimate dimensions. When we begin to passionately talk about what we consider to be Right and Wrong, we are not addressing the question of a practical set of rules to govern individual behaviors in our society. And when we talk about those rules, that is the Law concerning End-of Life, we are similarly NOT talking about what is Right or Wrong.
We have been through this all before with abortion. First people travel to foreign jurisdictions to get the service. Then access is provided at home with exceptions (remember when abortion had to be justified by the health of the mother?), then those exceptions are expanded way beyond what anybody would have believed possible when they voted for the thing in the first place (the mothers health was deemed by judges to include psychological wellbeing, and this was in turn largely interpreted to include any situation at all where the mother said she was uncomfortable with her pregnancy) and finally, we woke up to understand that Free Abortion on Demand meant exactly what it advertised : unlimited access to abortion (a million a year in the USA alone and even higher propotional figures in other civilized nations) paid for (in the social medicine countries absolutely, and in most cases in the States as well) out of the public purse. We can therefore logically assume that before this is over, within our own lifetimes (abortion took thirty years), suicide, including assisted suicide, will be legally available without restriciton to desirous individuals, and that, at public expense.
I assure you, it is not my intention to stand in front of an avalanche with my hands out, in an attempt to stop the inevitable. However, if we agree that the future is moving Law in the direction I have indicated, then we have the duty, a duty to our own moral compass of Right and Wrong, to look closely at the details of exactly how such a thing will be implemented[/quote
Sam:
quote]The "slippy-slope" argument is getting really out of hand now-a-days. If a depression leads to the seeking of suicide, then it is considered a terminal or life-threatening illness. The rugby player who decided to end his life had tried before to kill himself after his injury, repeatedly and unsuccessfully. If we changed the wording to "Only those whom are terminally ill, or those of which a quality of life is too low to necessitate the will to live..." would it work better for you?[/quote
No. As my further posts show I am against any kind of a test concerning what lives are worth living. That puts too much of a coercive burden on those who, while in the defined group, still wish to have their lives and their desire to live respected. It would be far better to have unlimited legal access to legal suicide for no reason at all, just as we (now) have no justification to make for divorce or abortion.
Sam:
quote]The real question stops exactly where you said it's irrefutable. And that's it.
Who exactly do you, being society, think you are to tell me if I am capable of continuing to live? The argument ends at "My personal right to end my life." We aren't given much when we start in life, but we should retain the right to our life, that's why in some instances it's, in my opinion, an imperative to facilitate the needs of the unable.[/quote
My current position is that Society has no right to tell you what to do. On the other hand, I, and every other man jack on the planet, has the right to tell anybody who will listen what he personally believes to be right (in general). And as Jerry tells us, it is through the exchange of these ideas that our own personal ethics and worldview evolve. Ant the same applies to our collective culture. It is ultimately a reflection of all of that. Moreover, whereas a hundred years ago only a handful of people were involved in the conversation, today that number, thanks to the internet, is in the millions.
Gordon:
quote]For example, some questions I am currently struggling with are those conerning WHO will be doing the killing? And WHERE will that killing be done?
Perhaps some of those most enthusiastic about the RIGHT to die will be ready to help me with their thoughts on where and how that dying should be (legally) tolerated within our society[/quote
Sam:
quote]Another clever wording. I guess you couldn't figure out how to slip
murder into it?[/quote
Murder is unavoidable. Named or unnamed. Obviously we must try to limit it. But this is not just a "clever wording". These are serious questions. Who. Where. How. These things can be defined as we wish. They can be used to make us more or less human, and our humanity better or worse. Every legal comma will be debated, or should be. Don't worry. We have time to go to the bathroom and buy popcorn. This debate will go on for hundreds of years.
Sam:
quote]I hate to sound stubborn, but the moral and lawful issue, in my mind, ends with personal right. The consequences of NOT stopping it should not be considered, as the consequences of society being in charge of personal life are far greater regardless.[/quote
I have come to accept this premiss. However, a legal framework will evolve regardless. "Personal Freedom" will inevitably encounter narratives beginning with "utility" the greater good" etc. etc. It is therefore important to look at the details, because we must live with them whether we pay attention or not. I might, as you say, be ready to risk everything, but that does not mean I am ready to just throw everything away.
Best Regards,
Gordon