April 16, 2007
Legislation Based on
Morality? As Opposed to What?
My
previous column, Is An Atheist Just the President We Need? may
have surprised some who are familiar with some of my other thoughts and
opinions. My desire was to stimulate thought about the purpose of
international warfare, and to suggest that morality and national defense
are not necessarily connected. I was discussing atheism as it would
affect a nation externally.
I
don’t intend to discuss this any further at this point, but I do intend
to discuss a question that this column raised, concerning whether or not
a nation is better off believing that it is “under God”. This discussion
involves how atheism would affect a nation internally. To what degree
must a nation dictate laws based on morality? How can a government
encourage its citizens to act morally? I believe this encompasses issues
such as abortion and gay marriage, among others.
Before getting to these issues, however, I think it is important to
point out that every nation I’ve ever heard of legislates, at the very
least, two primary moral rules – do not murder and do not steal. Some
nations have stretched this rule more than others, but I have never
heard or read about a government that allowed its citizens to
arbitrarily kill one another without any form of discouragement or
punishment. Where did this idea come from? Why is it wrong to
haphazardly kill your neighbor? Of course, if this sort of thing
happened regularly, it would probably cripple a nation’s economy and
eventually destroy it. This is the only case for suggesting that laws
against murder have nothing to do with morality. But the problem with
this idea is that no one, in the presence of an apathetic murderer, can
consider this person without contempt. We frown upon it.
C.S. Lewis illustrates this point very effectively in Mere
Christianity, when he states, “Think of a country where people were
admired for running away in battle, or where a man felt proud of
double-crossing all the people who had been kindest to him”. It doesn’t
exist.
As
far as we know, every nation until 2007 A.D. operated a code of
morality, whether they saw it this way or not. Why? Because it just
makes sense to us.
The problem is, not all moral rules are so clear. Americans seems to
have proven that some issues are very vague. For example, there is a
grand divide concerning abortion – baby’s rights or mother’s rights? Is
it really a human before it’s outside the mother’s womb? I believe that
life begins at conception, and that all abortions are morally wrong
unless the mother’s life is at stake. But this doesn’t necessarily mean
that, if I had the authority to make the laws, I would legislate exactly
according to my beliefs on the subject. And concerning gay marriage, I
believe that marriage was designed by God to be a spiritual union
between a male and a female, but again, this does not necessarily mean I
would choose to legislate this way. I do not know what I would do.
The heart of the issue, I believe, concerns the definition of human
rights. Most of us agree that no one has the right to harm someone else,
or to take someone else’s things without permission. But the harder
questions are those that involve someone’s choice for his or her own
life. Why is prostitution illegal? Does a person not have the right to
sell their body for money? And what about narcotics? Does a person not
have the right to put whatever substances they desire into their body?
Why is it a law in most states that motorcyclists must wear helmets, and
drivers must wear seatbelts? To what extent do we have the right to put
ourselves in harm’s way?
The point is, human rights are, from a secular perspective, indefinable.
Only a theocracy can attempt to define human rights, and because of the
wide range of human opinions on God and spiritual things, theocracies
don’t tend to work well. The only logical way to try to define human
rights is morally, and unfortunately, not everyone maintains the exact
same moral values.
A
nation must try to legislate pragmatically. A government must take into
account that, regardless of the laws it passes, people will do what they
want to do. And I believe that the more frequently a law is broken, the
more a government ought to question the law – not the morality of it,
but the practically of it. Prohibition exhibited this fact perfectly.
The core philosophy of America, as stated in the Constitution, is to
legislate justice and to promote the general welfare. What may be most
important to realize is that everyone has this ambiguous thing called a
conscience, and that not everyone interprets the urgings of their
respective Jiminy Cricket in the exact same way. The government’s nearly
impossible task is to legislate in ways that satisfy the consciences of
most and the general welfare of everyone. The task of the citizen is
firstly to understand the ideas of life, liberty and the pursuit of
happiness, and secondly, to ensure that these rights are not infringed
upon.
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