C
chicago
Guest
Most law is the setting of a lowest common denominator which must not be crossed lest the good of society and individuals be harmed. Some law is the setting of a minimum standard which is expected for the good of society and defense of the dignity of persons.
That said, the standard can not be merely relativistic and positivistic in nature. Therefore, the following statement…
Karynna_Raye:
Take, for example, someone who might claim that their religious beliefs requires them to perform human sacrifice. Sorry, Charlie, but that’s bad tuna which will make us all sick. We can’t just allow you that “personal” right without relation to some alternative morality to yours, even if thsi creates a divide between varying systems of belief which, then, sets a standard in law.
One can not, therefore, legitimately claim to have a personal “right” to whatever they wish. For when we get into certain questions of what society can tolerate or approve regarding the desires (sincere as though they may be) of some who would like legal approval for what might be objectively immoral or against the very nature of man, a decision must be definitely rendered that will either be permissive or restrictive; the two options are inherantly exclusive. In this sense, one can not ultimately seperate law from morality or, possibly even religiousity, even though the state can legitimately remain neutral to denominationalism and the peculiarities of particular religious belief and practice of discipline which is not a matter concerning the common good.
That said, the standard can not be merely relativistic and positivistic in nature. Therefore, the following statement…
is a bit misleading. Yes, the law must be general enough so as to protect everyone’s rights unpredjudiciously. However, when the claim of some to have a moral or religious exercize is such that the activity goes against that which is objectively true about the dignity of man and the good of society, then it must be rejected for there will be a natural conflict, and everybody can’t just “get along and go along” while allowing the others to do whatever they like. In reality, there will be “winners and losers” as some ideology will become the norm.The fact remains that the law must remain impartial to moral/religious beliefs to ensure that the rights of everyone are protected, no matter what they may believe.
Take, for example, someone who might claim that their religious beliefs requires them to perform human sacrifice. Sorry, Charlie, but that’s bad tuna which will make us all sick. We can’t just allow you that “personal” right without relation to some alternative morality to yours, even if thsi creates a divide between varying systems of belief which, then, sets a standard in law.
One can not, therefore, legitimately claim to have a personal “right” to whatever they wish. For when we get into certain questions of what society can tolerate or approve regarding the desires (sincere as though they may be) of some who would like legal approval for what might be objectively immoral or against the very nature of man, a decision must be definitely rendered that will either be permissive or restrictive; the two options are inherantly exclusive. In this sense, one can not ultimately seperate law from morality or, possibly even religiousity, even though the state can legitimately remain neutral to denominationalism and the peculiarities of particular religious belief and practice of discipline which is not a matter concerning the common good.