I’d say the ‘innocent’ are naive, dangerous and/or irresponsible. I don’t quite see how that qualifies as ‘good’ in any context. Of course the problem is then exactly what context we’re talking about ‘innocent’ in? I think the manner I have outlined the term is specific yet probably at odds with exactly what you had in mind when you said ‘innocent’.
I don’t think the law is there to protect the ‘innocent’ either way. The law is fluid so if it is in place to protect some ‘innocent’ group/s then who is ‘innocent’ is always shifting with the times too - as the law does change.
Being ‘innocent’ is effectively ‘not knowing better’ about a situation. It is being ‘naive’ without any understanding of what ‘naivety’ is. If we’re instead saying ‘innocent’ means not having the ‘power’/‘capacity’ to protect yourself then is it ‘good’ to encourage this by offering protection. Much like raising children do we lock them in a room to ‘protect’ them. In this sense the ‘law’ is about freedom of choice befitting each person - the pursuit of an optimal set of rules that furnishes society with an overall, and gradual, increase in personal freedom. For me the crux of the issue is more about creating rules that allow the progressives to increase overall freedoms whilst reducing freedoms for those that lack a capacity to handle uninhibited freedom. The masses and the individual necessarily suffer for mutual benefit - basically I’m talking about the social contract here.
All that said the law is there to ‘protect the innocent’ only in the sense that we’re all ‘innocent’ to some degree and that ‘protecting innocence’ isn’t akin to encouraging people to be innocent - which is a difficult problem.
What is more every extension of my freedom necessarily inhibits someone else’s somewhere in some way. None of us are ‘innocent’ so for this reason I am against ‘protecting the innocent’ because I don’t believe they actually exist. I am for protecting the ‘naive’ though but only if it is combined with action to decrease ‘naivety’ rather than foster a culture of juvenile attitudes that have no mature attitudes to balance them. It is here that I would say education is the key factor. Generally we’re taught to be ‘more mature’ yet when we get older the quest is to return to our more ‘juvenile’ youth in order to reap the benefits of both (to explain further I mean systematic and structured thought is the general attitude of modern education - structure is undoubtedly important - yet once we progress further in education we’re asked to resort to a more freewheeling mindset and to rekindle that ‘juvenile’ flame and be creative).
The ‘law’ is merely a institionalised means of indoctrinating the public rather than creating greater over all freedom. I certainly don’t live my life in accordance with the law. I regard people who do as monsters in the making, yet I can’t honestly say I have a better alternative that is easy/possible to implement. The law is an expression of governmental power and of public attitudes - both concern me but I don’t adhere to either with anything like a dogmatic grip. When push comes to shove my sense of morality is tested by the extent of the punishments dished out by the law I am willing to suffer for what I inherently feel to be ‘good’. The extreme end of such an attitude does lead us to another dark place too as if one is under the impression that their own beliefs are better than the law then they’ll be willing to suffer a great deal and no doubt cause great suffering under the ‘delusion’ of arrogance.
As I believe in humanity at large, and generally like being human, I side with increased freedom at the cost of a loss of innocence because I think humans are ‘good’. I guess if you think humans are ‘bad’ then you would be inclined to say the ‘innocent’ need protection at all costs. I prefer more freedom than more innocence, and I cannot see how one doesn’t necessarily counter the other.
We should, and can, do as we please. As it turns out what we do do is create laws that express our ‘average’ attitudes, but no one is ‘average’. Given that we all mostly agree than under most circumstances ‘killing’ is ‘bad’, and we’re constantly discussing under what circumstances ‘killing’ is sometimes necessary, then we’re pointing roughly in the right direction as this has happened alongside more and more people possessing more and more freedom.
If we push to ‘protect the innocent’ with more vigor then freedoms will be inhibited and the idea of ‘evil’/‘bad’ assumed by ‘innocent minds’ will inevitably cause more ‘lawful killing’, ‘lawful imprisonments’ and such based on naive assumptions about who should and shouldn’t have freedom. This would give the most opposed members of society the impetus to bring a greater extent of tyranny into the human social sphere.
Either way I’m not too bothered. There are dangers, but I don’t think we’re heading toward a dark age. Those days are done as far as I can figure out.