Oh, so the guy who has yet to mention a specific section of any law sits in judgement of someone else's rationale for judging a law just or not!
Brilliant!
Can I ask...
have you ever taken a philosophy class?
and I appreciate your answer here. When you make a calculus based upon what is good for the greatest number, you are not basing your decisions on any moral law
Are you aware of the Categorical Imperative of Kant? "Act such that the maxims of your action should be universal law"?
I don't think you have a clear idea of what you actually "want" from me in this. You asked how I judged a law just or not. I answered. You didn't understand or didn't like the answer so now you have introduced a nebulous term of "moral law". I'm sorry but that doesn't necessarily compute.
I have a friend who is a philosophy prof who debates me and considers my non-religious morality to fall outside of morality per se. I have read others who feel that morality need not be anchored in some religious basis. So "morality" is far too nebulous a term for this discussion.
My "Morality" is pretty well summed up by the Categorical Imperative coupled with an appreciation that social animals will act to maximize the stability of the social group as they gain a survival advantage from that.
It's pretty easy to put together what I will do in just about any given situation based solely on these two points. Ergo if you do even a modest bit of thinking you'll realize I've outlined in the past few posts a relatively complete "ethics" for you. You may not like it, but it is founded in philosophical thought that you would have run across in just about any intro philosophy class or a bit of reading.
, but the will of the majority.
And that's bad why? Is "Democracy" unjust in your esteem? You have already decreed your fellow citizens "the mob" and apparently consider their interests either neutral or antithetical to your own "personal property interests". So I can see if you don't like democracy in general as well.
The questions that go unanswered are should this will be tempered, by what standard, and who decides?
So I see since I answered your first question (and you keep telling me it isn't an answer) now you have to alter the question to be "who" decides.
OK: in a representational democracy such as we have in the United States the electorate generally has a say in legislation. Either indirectly through the free election of representatives or in ballot initiatives directly. Further more the laws' "justness" or accordance with the previously set rules are tested by our "Judiciary", a co-equal branch of the government.
Is this stuff really all new to you?
For me, the will of the majority may prevail, but to be just, that will should not violate the rights of those who find themselves in the minority.
And we are in agreement on this in principle. I do not wish to see the minority's rights violated, but by the same token within any given society there will always be those who wish to not be held to a certain law.
I have already given numerous examples.
Rights, if you want to believe in and defend that sort of thing, belong to the individual. They do not belong to the state, nor the public, society or the mob.
That's an arbitrary claim with no basis in fact. Of course the state has "rights", it has the right to act within the constraints of the Constitution, and has, available, SPECIFIC POWERS provided by that document.
A "corporation" (shudder) has "rights" as well.
Rights can be differentiated between group and individual rights. Unless you have some evidence to prove otherwise that the word "rights" cannot be applied to groups.
When you say you have a right to something, you are laying a claim to a particular course of action that others, no matter their numerical superiority or political standing may rightly violate.
Correct. And guess what? Even that right is limited in our free society. You do NOT have the right to libel another individual. You do NOT have the right to yell fire in a crowded theater where there is no fire.
So you cannot say in one breath that you value human liberty and individual rights and in the next claim that the state may violate those rights to pursue some greater good.
I think I've explained this enough to you. The fact that you cannot seem to understand the simple concept of "society" speaks more loudly than any other "rhetoric" you have so far espoused.
I think it quite understandable that so far you have expressed no real detailed knowledge of
any specific law nor have you chosen to discuss
any specific law or specific part of the Constitution but rather stick with rhetoric and broad statements.
Your ideals are fine, but unless you can show how they fit in a real world setting they are little more than meaningless phrases.
Why is the 'collective will' a thing of intrinsic virtue whose decisions merit such a pass?
"collective will" is kind of what society is all about. Apparently you do not live in a society. So I'm uncertain if I can explain to you how this concept works. Sorry. It's pretty complicated.
Do you live in a tarpaper shack up in the mountains? How do you get on the internet?
I place no value on the collective will.
That's a rather extreme position. "No value"? OK, I can understand that. You have clearly stated a very plain
anti-social stance.
That's fine. It is your "personal right". It's just alarmingly anti-social.
Again, since you apparently neither live among other humans nor understand the concept of "society" I suppose it is your way.
It is more moved by passion than reason and as such may be right as often as it is wrong.
Unlike the individual, correct? Did you really think through that point?
We have different standards of what type of law is just and what type is not.
Well, in that I have provided background information that anyone with even a nodding acquaintance with philosophy of the past 300 years and a high school level reading skill, I will gladly grant that I have provided a standard of what laws are just and which are not.
You however seem to value only ONE metric of "justice" and that is "The Law According to lordbt". You put
no value in the collective will, you consider society "the mob", you seem to have no actual detailed knowledge of any laws sufficient to even discuss them in any real detail, so I'm going to assume that your metric is "sui generis" and meets whatever needs you have at whatever moment.
Since I view the proper role of the state as a protector of individual rights, a law that initiates force and violates those rights is unjust.
Interesting. So again you don't much like the U.S. Constitution do you?
Article 1, Section 8:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Where do you see "individual rights" in there? Is it hidden in the words "common defence"? Or perhaps "general welfare"?
What part of the Constitution do you like?
I accuse you of disregarding the Constitution because the Constitution has one main purpose--to carve into law the legal limits of government power.
Oh, so you only have interest in Article I section 9, LImits on Congress, that sort of thing? The "enumerated powers" part of the Constitution doesn't count in your eyes?
That's good to know. Again, it's helpful to know which parts of the U.S. Constitution are "optional" for a good libertarian!
If it can ban incandescent light bulbs, what cant it ban?
Were you this bent when they banned leaded gasoline? Were you this bent when they banned asbestos?
You seem awfully irritated about incandescent light bulbs. You must have spent the last 40 or so years in a tizzy!
If it can ban me from engaging in a legal activity--smoking--on my own property
Can they do that? I don't think so.
If it can regulate my energy usage, what part of my life cant it regulate?
Ummm, water usage? Oh yeah, they already do that. Usage of nuclear materials? Oh yeah, they already do that. Ownership of automatic weapons? Oh yeah, they already do that. Regulating what you can drive on the roads? Oh yeah they already do that.
Again, you must live in abject horror at all these "limitations"!
Liberty is the greater good.
OK, tell me how your "liberty" works out when we are in a Resource war with, oh, Canada over water. How about when agricultural areas of the U.S collapse due to global warming and Canadians become a much more robust ag producer than we are and we end up importing food to keep ourselves alive. Please, do tell me how "free" you'll be when you are kneeling at the feet of a foreign government for basic materials to survive.
Want the right to burn as much gasoline as you can today? Goody for you! Wait until the CHinese start grabbing oil stocks from the Middle East, paying more than we are willing to and leaving us begging for oil. Will you feel "Free" then? Oh no, you'll be like the rest of us, with a gas ration card.
You think these things are hypothetical? Guess again. Resource wars are a fact of life for much of the world. We have had a great deal of "freedom" to be as wasteful as we want.
Someday that "freedom" will come at a cost.
Freedom is the ultimate ends for which humans must strive. Those laws that move toward those ends I support, those who move away, I reject.
Again, empty rhetoric with
absolutely no discussion of real world impacts.
I don't expect anything more from you. Empty rhetoric. Big "ideals" but no grounding in reality.
I will judge all laws by how warm and fuzzy they make me feel! Free puppies for all is the ultimate good! Yayz "goodness" and "liberty"! LIberty is good because its free and should remain free to everyone! Free freedom! Liberty freedom personal rights!