If the law allows something immoral or prohibits something moral, the law is immoral. — David Mo
What results from the immorality of the law is the right to oppose it, which is enshrined even in the preamble to the Universal Declaration of Human Rights. — David Mo
But why should they be legal rights? — NOS4A2
1) A law may exist but it may not be enforced. On the flip side, an action may be legal but there could still be dire consequences for performing it in a given society, e.g. how blacks in the American south had to conduct themselves towards white women during the Jim Crowe era. — BitconnectCarlos
2) Other organizations outside of the government often do enforce - and enforce strongly - e.g. the mafia, the KKK, hell's angels, etc. In some societies the police were either weak, ineffectual, or corrupt and turning to the mafia was your best bet at recourse. — BitconnectCarlos
3) The grievance could just be aimed towards an autocracy, and what we're really aiming towards here is regime change not a legal change. An autocrat may ignore the laws or change them at whim. — BitconnectCarlos
Enforceability is extremely important and when I hear about a natural right - say, right to life - being unenforceable it should cause one to immediately ask "how do we enforce this?" not "I'm not going to recognize these rights because presently we're not capable of enforcing them." — BitconnectCarlos
Inalienable/natural rights such as life and liberty are first - atleast in the Anglo-American tradition - recognized as such and then enshrined into law. I can't think of any natural rights that aren't recognized by law. Even if there were no laws whether something is enforceable or not is just a question of the social reality or practical politics at the time, i.e. whether you can garner support or arms etc. — BitconnectCarlos
Eh, a policeman is duty-bound to "serve and protect" and takes an oath swearing to uphold these norms. People in society don't just exist as free floating, independent entities that have complete freedom of choice in any given interaction. In healthy societies the police owe the public at least some level of protection or at least recourse. — BitconnectCarlos
Even if there was no government there could still be consequences for violating someone's natural rights whether they're in a legal, written document or not. — BitconnectCarlos
Something I've always wanted to ask you, do you think a law can be immoral? — fdrake
Regarding Scalia, I remember reading that he follows Hart's 'Concept of Law' (1961) which is postcedent to Wittgenstein's metaphysical underpinning of legal positivism by logical positivism. — ernestm
'legal positivism' which in brief, if you forgive me uttering my opuinion on it, that the law is right because it says so, much like the bible saying it is right because it says so, in a legal deduction, metaphysically, from early Wittgeinianism. — ernestm
Strange thing. Attorneys who dont know very much often say this, and insist it is true, which just goes to show how awful the USA education system is. — ernestm
Perhaps blaming a religion for the misdeeds of religious authority is due to the aggressors' repressed childhood dread of going to church on Christmas day, before being allowed to open their presents. — ernestm
Even lawyers aren’t allowed to read it in college because it is requires accepting the existence of God as a premise. — ernestm
Logically, you cannot believe Alexander the Great existed either. — ernestm
My original point was that I don’t see how other religious creeds wouldn’t have been as willing to die as Christians were for their beliefs. Such beliefs are not usually something people can just throw aside and in many cases death can seem more inviting than turning their back on their whole world view. — I like sushi
That would have been highly unusual until the Christians took over the Roman state. Then pagans (and other, erring, Christians) were killed relentlessly and with great savagery. The persecutions of the Christians which took place were occasional and minor in comparison to the persecution of pagans by Christians.I’m pretty sure that many pagans were put to death too for refusing to give offerings to some other deity. — I like sushi
Well, he comes as close as can be to claiming godhood.But also he never claimed he was THE son of God, he said he was THE SONE OF MAN, — ernestm
But I do remember once seeing a controversial painting of Jesus with his four brothers, with a splinter in his finger. I cant find it. Do you know who painted it? — ernestm
oh ok. There is almost nothing on the subject by comparison in terms of documentation. What we have are rather good archaeological ruins whence events were reconstructed. Unfortunately Jesus was a carpenter and didnt make piles of earth a thousand feet long. — ernestm
Does it matter if I go crazy in the next minute? Does it matter if I die in the next second? Does any fate we go through matter in the grand scheme? — Cidat
The Philosophical Investigations is his own text. — jacksonsprat22
So "red" means... one or more red things? — Banno
every day language is not, for Wittgenstein, alright - that view would be better attributed to Austin. — Banno
you seem unable to provide an account of how we arrive at the conclusion that decisions, thoughts, and feelings occur in the first place. — javra
The majority of posts in this forum give ample examples. — Banno
