The legal system is now our enemy

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BP, why exactly are you expecting 'vehement rebuttal'?
sanchezero, I'm expecting it because I've been jumped on before for suggesting the same idea; there are many people out there who are unwilling to believe that it's possible for a "moral" code to exist that does not derive from one form of scripture or other.

I could go into more detail than that, but it would be rude to hijack 2dogs' thread, and ultimately my ranting on the matter is off-topic. :D

-BP
 
BP,

Most of the crimes you mentioned as Murder 1 are actually Murder 2, as there was no intention to kill beforehand nor were the offenses commited that led to death felonies.
 
CZ-75,

I understand. I'm suggesting that, to make the code more likely to work, those offenses should be upgraded to Murder 1. Essentially, my premise is that causing death or injury through willful negligence should be punished no less heavily than doing so with intent.

People do stupid things all the time, knowing that they're stupid, dangerous things, because they know that the "Golly, I didn't mean to hurt anyone" defense works. If that defense did not work, people would start having to decide whether it's really actually all that important that they call their hairstylist while driving.

-BP
 
The Devil made me do it . . .

First of all, I have a couple of friends who are attorneys, and I consider them to be as honest and downright good as anyone I know. And I know of others who are just as good.

But I see TV commercials from two legal firms that smack of ambulance-chasing, and it really irks me. When did lawyers starts to advertise like that?

Anyway, there are good guys and bad in every profession.

But I have two thoughts about lawyers and clients...

We can't excuse ourselves when we sin by saying, "The devil made me do it." Nor can the client who wants his/her attorney to sue wrongfully, say it's the attorney's fault for tempting them.

Just as much though, the devil (or lawyer) who tempts is immoral, to my way of thinking.

The Good Book condemns those who "make a man an offender for a word, and lay a snare for him that reproveth in the gate, and turn aside the just for a thing of nought." Sounds like it's talking about bad guys in the legal profession, doesn't it? (Or the Brady Bunch, maybe!)
 
I'd be happy with one fix for the current legal system. Allow jurors to judge law as well as fact. Take away some of the judge's monopoly on the interpretation of law, and give it to the locals. This would destroy the authority of lawmakers who make ridiculous laws hundreds of miles from where those laws will be put into place.
As a recent juror, I was able to experience firsthand the nullification of a stupid law in a case that was perfect according to existing case law. Unfortunately, there weren't enough people in the jury pool to give a fair trial. Why? So many prospective jurors disagreed with the existing case law. Poof-mistrial!
 
Matis, religion certainly isn't the home of morality.
To the contrary, it is exactly that.

Having been through this discusssion more times than I care to admit, suffice it to say that the majority of our criminal code in this country is based on the very clear concept of Judeo-Christian morality. No amount of historical revisionism will change that...despite the undeniable fact that certain factions adopt such revisionism for the sole purpose of furthering their anti-religion ideology and blatant discrimination.

To the members of an honored profession in our "society" who choose to follow certain precepts...thank you. The danger that you might become a minority [if you haven't already] is regrettable. You have our eternal gratitude for adhering to your oath and I'm proud to converse with you in this forum.

In the meantime, we'll have to endure the very public assault on our inherent Rights by those of your profession who put current income ahead of the true rule of law.

For the umpteenth time...malum prohibitum laws threaten malum in se laws because of their sheer number and speciousness. I'm not sure what we can do to counteract the trend, but it is dangerous in the extreme.
 
BrokenPaw - The moral code you described does come from a piece of scripture: The Book of Kyfho. :D

IMO, the legal system is absolutely, positively NOT my friend. It is far more of a threat to me than the freelance criminals it purports to protect me from, and I can protect myself from those freelance types just fine. Individual police officers can be (and in my experience nearly always are) friendly, fair, and personable folks - but when they are on duty and upholding the law, they are not my friends and I do my darndest to give them a wide margin. I have less experience with lawyers, but I would tend to believe that a lawyer working on behalf of the legal system is someone to watch out for (though a lawyer working to protect someone from the legal system is generally a very good thing).
 
Allow jurors to judge law as well as fact.

GA's constitution allows just that - but try and argue jury nullification. Ever see a Judge's head explode with rage?
 
suffice it to say that the majority of our criminal code in this country is based on the very clear concept of Judeo-Christian morality. No amount of historical revisionism will change that

I certainly won't argue that point.

However, morality is practiced solely by individuals. You can have a rational moral code without being religious or american.

:)
 
At this point

A C.S. Lewis fan like me would say:

What do you base your morality on if not something higher than man? I mean, if we are here by chance, our 'morals' are nothing more than biochemical phenomena which are here by chance. Your revulsion at my child-molesting has no support: just because you don't like it, and even the kid doesn't like it, doesn't mean it's wrong. It's just your brain chemistry saying that. And if you say that I'm violating the kid's person, I say so what? What possible reason could I have for refraining from what I want?

Some will try to answer that revulsion at child molestation arises not from any moral force, but from the fact that it's bad for the species. To which I say, "What you mean bad, Kemosabe?" What do I care about the species? I want what I want, and I'll take it if I can get it.

You may answer that that way leads chaos, the breakdown of society, no safe place for anyone. I say, so what? Who says that's bad? Why do you think it's bad?

But though there are many gods, from the Hebrew God to a funny-shaped rock to the sun-god, there are some basics forund everywhere. Some cultures think marital infidelity is OK, some think polygamy and incest are OK, some even think child sacrifice is OK. But none think it's OK to enter your brother's house, kill him and his kids, and steal his wife.

So I think that even those of us who think there is no God are still hearing Him....one evidence is that we all have some sort of moral code.

Sorry to hijack thread, couldn't resist...
 
What do you base your morality on if not something higher than man? I mean, if we are here by chance, our 'morals' are nothing more than biochemical phenomena which are here by chance. Your revulsion at my child-molesting has no support: just because you don't like it, and even the kid doesn't like it, doesn't mean it's wrong.

Khornet, the child molesting example is a REALLY bad prop for your argument given the recent insights into the behavior of some 'men of the cloth'.


Again, morality is practiced wholly by individuals. It may be your choice to adopt a moral code set forth in a religious text, but thats exactly it - your choice.

:)
 
Sanchezero,

I think you missed my point, compadre.

What's wrong about men of the cloth molesting kids? Why?
Why does an individual have a moral code? If it's his free choice, why did he choose it? Who cares about freedom, anyway? We're an ACCIDENT. No more intrinsically valuable than a mouse turd.

Why does Ayn Rand think it's wrong for the state to suck up a man's earnings? Who says it's wrong?

As a man once said, when someone tells you there is no universal moral code, just try stealing his seat on the bus.
 
sanchezero

sanchezero said:
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Matis, religion certainly isn't the home of morality. In fact, most religions tend to be self-contradictory....
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I didn't say it didn't contain contradiction, sanchezero, just that it is the best we have -- and good enough to have provided the foundation for the highest human achievements in science and in society.


Quote:
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IMO, one of the largest problems facing the development of morality in anyone is an incoherent or inaccurate understanding of the way the world works. By 'works' I mean in the scientific sense, not the 'school of hard knocks, wink wink' kinda knowledge.
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Sanchezero, I could probably be convicted of "reverence" for science. But as a method and for its achievements, not for the scientific establishment.

But science is most powerful studying everything but human behavior. Trouble with studying us humans is that we are perverse enough to practise choice. Although certainly constrained in the choices available to us, we nevertheless CAN choose. Each choice closes off whole worlds of possibility AND opens up whole other worlds to us. After a very short while the branching becomes pretty close to inifinite. Try tying up human behavior in neat, scienftific packages in light of this reality.

That is why we live best and accomplish most when our freedom and liberty are maximized.

For such reasons, in my experience, most of the social sciences are not that at all but are instead biased opinion based upon current fad. To paraphrase a wise man: All that is REALLY known about psychology would fit in a very thin book.

Or perhaps a Torah scroll?


quote:
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Morality ultimately rests on the foundation of our understanding of our environment and if that's flawed (or we have no concrete knowledge) then our moral code will be tainted as well.
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Sanchezero, you seem to be saying that until we have perfect knowledge of reality, we cannot have a good system of morality. Well much as I revere science, my friend, we will NEVER achieve a perfect understanding of physical reality.

Science has made us pretty powerful and has improved our lives, again in those societies that happen to be based upon Judeo-Christian values -- tremendously.

But to believe that we can ultimately apprehend the totality of existence, using of course, scientific method -- is extremely naive.

Inherent in scientific method is the tentative nature of its discoveries. Newton made the industrial age possible. But Einstein found errors in his paradigm and now we have nuclear power, can travel in space and enjoy the silicon revolution.

Already, Einstein is coming up for correction.

We see "reality" through the filter of our world-view. And that filter EXLUDES oceans of incoming data that don't "fit" our paradigm. And the current paradign is already unraveling at the edges.

I don't think this process will EVER end. So at what point have we sufficient scientific knowledge upon which to base our
system of morality -- so that it is not "flawed" or "tainted?

My answer is NEVER. Our learning will never stop. And to believe that we can, peeking out through our "filter" find the final or the whole truth of existence is silly. To think that is to believe that one can see his eyeballs with his own eyeballs. And no, Johnny, using a mirror is cheating.

The religious say this beautifully in a way that I can completely accept -- as METAPHOR. "How can man with his puny mind understand G-d's great and glorious creation?" Einstein was also an atheist. But he said that if he had any eligious feeling it was one of awe at the enormity and the mystery and the beauty of the cosmos. And of course when approaching the limits of human understanding what method other than metaphor is available?


Yet, when I read Torah, I am amazed at how much they DID know about human nature and what is necessary for humans to thrive.

The value of each indiviual human being, justice, mercy, peace, liberty -- all of these they already understood well and passed down to us. And all this without cell-phones, while riding around in ox-carts!

Religious Jews have 613 and not just ten commandments. I have made a tiny start in learning them. And you know what? This little atheist boy can defend every single one I've encountered so far.


For instance to love peace is NOT to say that one should never go to war. To ALWAYS eschew violence is stupid and can only be preached while protected by police and soldiers.

"We sleep soundly in our beds only because rough men stand ready to do violence on our behalf." says George Orwell in a THRers sig line.

To decry violence ALWAYS is to turn our backs on justice. Todays self-anointed "enlightened" are actually leading us to self-destruction. By thinking themselves qualified to overthrow the "eternal verities" they undermine the basis of our progress and, indeed, our very survival.

There is a proverb. "Do not throw out the baby with the bath-water."

How can we advance human welfare if we willfully ignore the wisdom that has been painfully accumulated over millennia?

We moderns are just not as smart as we like to think we are.

Looking around me, I can see the horrible results of such nihilism.

We abandon our heritage at our own ultimate peril.



Matis
 
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Know your enemy as you know yourself. I think Sun Tzu said something to that effect a couple of years ago.

Treat others as you would have them treat you. A golden rule.

He who has the gold, makes the rules. Probably THE golden rule in play since mankind started getting their tribes together. Sometimes at odds with the rule stated above.

Speak softly, but carry a big stick. Just a good idea.

The legal system is a business loosely based on "justice", I've heard tell. Everyone has to be able to pay their bills somehow.

If you can't stand the heat...

That's all.

Some great posts, as usual. It scares me that so many people here think alike.

Adios
 
matis,

Sanchezero, you seem to be saying that until we have perfect knowledge of reality, we cannot have a good system of morality.

Not at all. This would imply that only scientists on the bleeding edge could have any hope of acting morally.

We don't need to know everything or even a whole lot. We need a basic, factual understanding of how the world works and that it, in fact does work.

There are schools of thought that teach that reality doesn't really exist or that we can mould it to our whim as if in a dream. Take this as a foundation for your philosophy and it becomes impossible to develop a cohesive moral standard. How do you know how to treat others if they don't really exist except as props in your subconscious?



How can we advance human welfare if we willfully ignore the wisdom that has been painfully accumulated over millennia?

I see no reason to ignore wisdom, old or new. Again, you don't need to be religious to be moral. Neither do you need to look to religion to find examples of morality.


Khornet,

1st, just because something is an accident doesn't render it worthless. I believe the discovery of antibiotics was an accident.

What do you base your morality on if not something higher than man?

By higher than man, I'm gonna stick my neck out and label that God. Since we can't actually base our morals on God (he being all-powerful, we being not-so-all-powerful), then there must be a reason given to us by God to act a certain way. This is fear. Whether it be fear of eternal hellfire or of spending your next turn on 'the wheel' as a cockroach, religion uses fear to enforce morality.

I don't believe fear is necessary. Humans have the capacity to reason, to perceive their environment and to make choices based on their knowledge. Certainly today, we see many people who seem to have lost the ability to do any of that, but that doesn't mean the capacity isn't there.


A coupla sound bites from the essays I linked to earlier:

Reality, the external world, exists independent of man’s consciousness, independent of any observer’s knowledge, beliefs, feelings, desires or fears.

If I die, the world doesn't cease to exist. Lucky for you guys.

Man’s reason is fully competent to know the facts of reality. Reason, the conceptual faculty, is the faculty that identifies and integrates the material provided by man’s senses. Reason is man’s only means of acquiring knowledge.

This doen't mean that we'll ever know everything, only that we can learn about our world and apply that knowledge. It seems like a no brainer but Plato and Kant disagree.

Reason is man’s only proper judge of values and his only proper guide to action. The proper standard of ethics is: man’s survival qua man — i.e., that which is required by man’s nature for his survival as a rational being (not his momentary physical survival as a mindless brute). Rationality is man’s basic virtue, and his three fundamental values are: reason, purpose, self-esteem. Man — every man — is an end in himself, not a means to the ends of others; he must live for his own sake, neither sacrificing himself to others nor sacrificing others to himself; he must work for his rational self-interest, with the achievement of his own happiness as the highest moral purpose of his life.

In the essay, the word rational is italicized for emphasis.

The basic social principle of the Objectivist ethics is that no man has the right to seek values from others by means of physical force — i.e., no man or group has the right to initiate the use of physical force against others. Men have the right to use force only in self-defense and only against those who initiate its use. Men must deal with one another as traders, giving value for value, by free, mutual consent to mutual benefit.

This trading and mutual consent/benefit is not just for business, but for all aspects of life.

Thanks for your time.

:)
 
One comment, rather off topic...

And since breasts are a secondary sexual characteristic, they really only 'offend' if the onlooker has some sort of 'issue' with healthy body acceptance anyway.

To add to this, doctors have proven that staring at breasts for fifteen minutes a day is good for your heart. ;)

I don't think religion created morality. A person raised without any religious thoughts and without any moral teachings would, I think, have a sense of right and wrong. I see no reason for us to have developed such a sense, since doing what we term right is annoying as hell, other than perhaps along the lines of "if I don't screw you you won't screw me, eh?" But we still most often do what is wrong, though in small ways. In fact we are so reverant of this code that we will not try to dispute someone when they say we have broken it, but rather we will attempt to excuse ourself by presenting a circumstance that allows us to ignore this code.

'Course this might just be hog-wash but I never said it wasn't. ;)
 
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