After the catastrophic legislation on sodomy and affirmative action by a Supreme Court led by Sandra Day “I’ll Ship the Nation Down the River for That Chief Justice Seat” O’Connor, some of you are again carping, “You can’t legislate morality!”
Surely you are putting us on!
In case you are not joking, I want to say as kindly and with as much tact as I can muster, “You are either so ignorant or so stupid that you should henceforth refrain from speaking – except perhaps periodically to ask for food.”
However, if you prefer attempting the novel experience of thinking, I should warn you that you should perhaps precede the effort with a couple of prophylactic aspirins. Then, after a little thought, it might become obvious to you that ALL LAWS (except for procedural laws) ARE the legislation of moral norms.
PROCEDURAL LAW is made up of all the laws that have to do with the administrative processes of the legal system: what paper work is required to initiate what process; what are the time frames for filing, responding, etc.
STATUTE LAW consists of the laws that direct and constrain behaviors and administer the consequences of those behaviors. Statute law is the body of laws that creates society’s justice system and criminal code.
All statute laws are the legal enforcement of moral principles such as “Thou shalt not kill.” Any criminal statute you choose – whether about fraud, extortion, due process, assault, ad infinitum, are the legislating of morality into the criminal code.
Western jurisprudence originated in Judeo-Christian ethics
Not only are all statute laws the legislation of morality, but furthermore it is no historical accident that it is the Judeo-Christian moral code that has been legislated into Western law. American jurisprudence was founded in British jurisprudence, which developed from Blackstone, who compiled the Common Law, well over 80 percent of which was derived directly from scripture and particularly from the LAW of Moses.
In other words, it is not a coincidence that the West has been predominantly the world of Christendom and the fertile soil from which has sprung the world’s ideals of the sanctity of all human life, the fundamental equality of all persons, the sovereignty of the people, due process, and our basic freedoms.
Some of you want to deny this connection between our legal system and the tenets of the Judeo-Christian faith in spite of the insurmountable historical evidence. And you try to justify this by saying that basic laws such as those against murder, theft, etc., are merely reasonable and necessary standards of conduct that are obvious to anyone.
Not all cultures share our respect for human rights
However, this assertion reflects abysmal naivet?. Murder by cannibalistic people is considered simply preparing dinner. You object that this is very rare. That observation hardly is helpful if you are the main course tonight. Furthermore, murder is not a crime to a large portion of the world that is controlled by Wahhabi Muslims.
Human dignity and rights are not obvious to communist states who assert that human rights are granted by the government and, therefore, can be removed by the state if it should want to engage in the genocidal starving of millions of peoples.
Sadly, our system of jurisprudence with all its respect for individual human rights is not the norm in the world. Rather, that system springs from a particular moral system and code.
Perhaps what you were trying to say with your clich? was that it would be absurd to legislate ALL moral norms. No rational person advocates criminalizing cursing, selfishness, pride or any number of other immoral behaviors.
“What moral norms should be legislated?” That is a legitimate question. And the answer is we legislate a category of ethics. We legislate those ethical norms that have to do with: (1) all persons being treated with equality under the law, (2) protecting the weak and the innocent, and (3) protecting the general welfare. In short, we legislate the area of ethics known as justice.
So, are ethical norms concerning sodomy and marriage appropriate matters of justice? The medical and historical evidence is overwhelming – though totally ignored in the current non-factual, politically correct discussion – that sodomy and marriage are appropriate norms for legislation. However, that evidential case goes beyond the scope of my present argument.
The point here is that we have no choice except to legislate the area of morality known as justice! Please quit embarrassing yourself and grating on the nerves of any informed persons by repeating the inane clich? “You cannot legislate morality!” You will sound less like a fool, and we all will thank you.
Don Crawford, is a radio talk-show host in Austin, Texas.
