Quote:
Originally Posted by Dark Messiah
Since watching you two flail around is embarrassing, I shall endeavor to explain;
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I am kind of embarrassed I have to educate you but what the hell lets give it a try. I will post a link, kind of like I have been doing, in order to provide proof, something I am afraid you have a great fear of.
Read what follows--
http://www.libertyhaven.com/politics...ightslaw.shtml
Douglas B. Rasmussen
""Morality and Law
There is a fundamental difference between the concerns of morality and law, and an examination of the character of human moral well-being will reveal the basis for this difference.
1. Morality. The moral life is concerned with choices that necessarily involve the particular and the contingent. Knowledge of the moral virtues and true human goods may tell all of us what, abstractly speaking, we ought to do; but in the real world of individual human conduct, where all actions and goods are concrete, moral virtues and goods involve the particular and the contingent. This is why prudence-the use of reason by the individual person to determine what ought to be done in the concrete situation-is the cardinal virtue.
Determining what moral virtue and goods call for in terms of concrete actions in specific circumstances can vary from person to person, and certain virtues can have larger roles in the lives of some persons than in others. Determining the appropriate response to the situation faced is, therefore, what moral living is all about. A successful moral life is by its very nature something that is highly personal.
This, of course, is not to say that any choice one makes is as good as the next, but it is to say that the choice must be one's own and involve considerations that are unique to the individual. One person's moral well-being cannot be exchanged with another's. The good-for-me is not, and cannot be, the good-for-you. Human moral well-being is something objective, self-directed, and highly personal. It is not something abstract, collectively determined, or impersonal.
2. Law. Law, on the other hand, is neither concerned with determining the appropriate course of conduct for an individual in a specific circumstance nor with teaching him what he ought to do. Rather, law is concerned with the protection of the self-directedness or autonomy of individuals when they live among others. An examination of the character of human moral well-being will reveal why.
Before addressing the question of what people ought to think or how they ought to conduct themselves, an analysis of human moral well-being shows that people ought to act according to their own judgments. This is true, however, not because of the consequences but because of the character of human moral well-being. Self-directedness or autonomy is a necessary condition for and an operating condition of the pursuit and achievement of human moral well-being. It is necessary for any person undertaking any right action. It pertains to the very essence of human moral well-being and is, therefore, right for any individual regardless of the circumstances. The protection of self-directedness or autonomy must, then, be provided if human moral well-being is to occur socially. This point, of course, is of no great importance for determining personal conduct. A normative ethicist could not get very far with this information, but it is crucial for understanding the nature of law.
Since the self-directedness or autonomy of individuals must be protected if there is to be any possibility of their choosing as they ought, there needs to be an institution which protects the possibility of individuals being self-directed, an institution which states and enforces what must be the case.
The appropriateness of self-directedness or autonomy for human moral well-being is grasped only in abstraction from the specific virtues and concrete goods that a particular human being's intelligence determines as needed for the circumstances in which he finds himself. Thus, the institution whose aim is to protect the possibility of self direction should not be concerned with what is good for some individuals relative to concrete situations.
Protecting the self-directedness or autonomy of individuals is a concern only of community life, and thus the institution that is concerned with protecting self-direction should be concerned only with establishing and enforcing rules of community life which prohibit forms of action that use people for purposes to which they haven't consented. It should not be concerned with teaching individuals how to attain their well-being.
An analysis of human moral well-being, therefore, shows that there needs to be an institution which is concerned with what must be the case for any and all individuals when they live together, an institution concerned with the protection of only those things that are universally and necessarily good for any and all people no matter what their concrete condition or circumstance. This institution is law. Its function is to protect the self-directedness or autonomy of individuals. ""
I certainly hope that the above provides you with some much needed direction. Perhaps you can even be humble enough to admit that you are wrong
