tag:blogger.com,1999:blog-4098620.post4647663599771828141..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Lawyers, Morality, & LawUnknownnoreply@blogger.comBlogger1125tag:blogger.com,1999:blog-4098620.post-65779270889711831322011-06-01T16:53:11.168-04:002011-06-01T16:53:11.168-04:00Mr. Lammers:
You do a good a good job of explaini...Mr. Lammers:<br /><br />You do a good a good job of explaining why law divorced from morality is not good. But I reject your question as presenting a false choice. It's definitely not a "simple question". <br /><br />IMO, I would go so far as to say that nearly all laws organize society, while (mostly) being rooted in morality. Laws tend to require, encourage, discourage, or prohibit certain behavior- this orders and organizes society. <br /><br />At the same time, most laws reflect some morality (though the question of what is moral is not a simple one). We'd agree that thou shall not murder and thou shall not steal are clearly rooted in morality. Is making sure you have a valid license a moral issue? Perhaps- in the Bible, Romans 13 says that one should obey the government. Do seat belt laws reflect morality? Not so much it seems, other than one should respect the laws. <br /><br />Finally, the fact that you prosecute laws that are both malum in se, as well as laws that are malum prohibitum, shows that the law serves both purposes (ordering & reflecting morals). <br /><br />You say it's disturbing the answer given by fellow lawyers, when you asked your "simple question" (is law a reflection of morality, or merely a way to organize society). Go back and ask them "should the law be divorced from morality?", and I have faith your fellow lawyers will give a better answer.<br /><br />Thanks for an interesting blog.<br /><br />Regards,<br />-Matthew Kensky<br />Attorney<br />www.duimacdowelllaw.com<br />Fairfax, VAMatthew Kenskyhttp://duimacdowelllaw.comnoreply@blogger.com