Morality and Legislation

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I'm sure you've heard it before. A "moral" issue shows up in political discussions, and it eventually makes its way to the ballot. The opposition tends to have just one rallying cry: "You can't legislate morality!"

I am curious about this refrain, and about this concept, in general. There are some things that are on ballots that are not moral issues: candidates, for instance. Tax increases. Pretty much, anything that isn't making one thing or another illegal.

On the other hand, aren't all laws legislated morality? What is "morality" anyway? According to Dictionary.com, morality is "conformity to the rules of right conduct". Are not all laws "rules of conduct"? And is not the purpose of legislation to promote conformity to said rules? Now, obviously, you cannot actually force anybody to conform to anything. Heck, you can't force anybody to do anything. Well, I suppose you could drug somebody to a mindless stupor and then lead them along like a puppet, but are they actually doing something if someone is doing it for them? Probably not. But, with laws, we are at least trying to convince the populace that conformity is a preferred route to take. After all, the laws pretty much say, "Conform, and there are no worries! Don't conform, and you go to jail or pay a fine!"

So, really, to my way of thinking, not only can you legislate morality, we are constantly doing it, every time we pass laws. So what's with the all the to-do about legislating morality? I think the opposition needs a better refrain than, "Anarchy! Anarchy! Anarchy!" Because, really, that is what they mean, every time they shun legislated morality. If all legislation is moral, then amoral legislation is non-legislation. And non-legislation is anarchy.

Personally, I prefer the moral legislation.

Comments

Unknown said…
I think you could even make the argument that taxes are legislated morality, since they go to fund programs that society (or at least those parts of society that have sympathetic ears in Congress) thinks is good. Welfare, Afghanistan/Iraq, and the bank bailout immediately come to mind. Not that I'm making any statement about the goodness/badness of those examples, just that we pay for them regardless of our own personal feelings for these programs, or suffer the consequences of tax evasion laws.
November 13, 2008 at 9:44 AM
America said…
I just discovered your blog! Yay I hope you guys are doing well!
November 13, 2008 at 11:17 AM
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