[quote]BostonBarrister wrote:
I guess that’s why I think a democratically based government system with laws based on consent of the governed is the only legitimate system of government. It’s the only one in which the people get to express their agreement or disagreement with the morals being imposed on them via the legal system.
hspder wrote:
OK, to make sure that everybody is clear on that, first I’ll have to say I do agree that I strongly believe in a democratic system, at least as the least bad of our options of government.
So I agree with the essence of you argument. However…
Do you agree with me that what you describe doesn’t really give you any assurance that everybody is fairly treated, and, in reality that it does not answer WMD’s great point about who comes up with THE standard to follow?
My point is: isn’t it true that the opinion of the majority doesn’t necessarity carry necessarily any “truth” or “goodness” to it – that it is just what “most” people think?
Or, as Gandhi would put it:
“In matters of conscience, the law of the majority has no place”
If that’s too vague, here’s something MLK Jr. said:
“An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for law.”
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I tend to agree that you can’t trust the majority to protect the rights of the minority in each instance.
I think the Founders got it very much correct when they built in the interlocking concepts of limited government power with a Bill of Rights, which meant that you needed a huge majority to accomplish something that wasn’t specifically laid out, thus limiting the temper of the crowd. The educated men back then were well aware of their Greek and Roman history, and wanted no part of giving everything over to the passion of the mob. Now we’ve eviscerated the “limited power” part of that protection, but perhaps we can slowly move back in the right direction.
But that’s a tangent.
To bring it back around then, and to touch on Ross’ post, where do moral values come from then? For a long time, religion was the source, so one could appeal to divine moral principles as being above baser human instincts. But a lot of people don’t care to accept religious reasons anymore.
And it doesn’t seem that there are a whole lot of “universal principles” that cut across cultures (or species, for that matter, especially when you take a closer look at them), though there are a few.
This is probably getting way over my head philosophically speaking, and I’m straying dangerously close to some sort of moral deconstructionism, which I detest at a gut-feeling level.
I guess that’s why I gravitate back toward the idea of moral principles arising from the agreement of the people. Not necessarily in a “vote on each issue” kind of way, but more along the lines of principles that the majority of people agree are important. I suppose once you have those then you can go about trying to construct some sort of coherent system out of them.