The Necessity of Morality in Law: A Question of Contingent Connections
Every year, legislatures in the United States create an overwhelming number of laws. In fact, there are thousands of laws, encapsulated in books that can weigh as much as 5 pounds or more. These books, numbering around 141, can be daunting to estimate the sheer volume of laws contained within. When one randomly flips to a page from these books and examines a law, one will likely find a disinterest in morality. The vast majority of laws concern the administrative and bureaucratic management of governmental operations. They contain no intrinsic moral elements.
The Disconnect Between Law and Morality
In our legal systems, there exists a limited link between morality and law on one side, and virtually no connection from law to morality on the other. People often seek to understand the relationship between the two by pointing to ostensibly clear examples such as murder being both immoral and illegal, but such one-sided viewpoints do not serve as evidence of any necessary connections. As an illustration, creating an entirely lawless moral code is possible, demonstrating that no inherent reliance between morality and legal governance exists.
Morality is not an inherent component of the legal system. Governments enforce laws through the authority to physically compel individuals to comply. Governments can levy taxes without moral justification, and they can prevent actions they dislike without any consideration for morality. Therefore, legal systems can function without any necessity for moral principles.
Lawmakers and Their Motivations
The creation of laws is closely tied to the individuals who have the power to enact them. If those in power are immoral, their laws will fall in line with their moral or immoral principles. It is a misconception to assume that legislative laws will inherently follow moral principles, as moral victory in democratic countries is not a given. In democratic societies, the primary motivation for legal enactment may be the current public opinion and representation of the citizens, rather than moral supremacy.
Law as a Reflection of Citizenry
Legislation is drafted by representatives who are responsive to their constituents. While there is an assumption that the laws ultimately reflect the moral assumptions of the people they represent, this is more incidental than a direct reflection of those assumptions. The proximate reasons for the passage of specific laws may not necessarily align with the broader moral framework of society.
In essence, the relationship between law and morality is one of contingent connections. There is no intrinsic necessity for morality in the establishment or enforcement of laws. The link between the two is more fluid and influenced by the power dynamics and the current societal values, rather than an absolute requirement for one to inform the other.
In conclusion, the necessity of morality in law is a question that reveals the interplay between various factors such as governmental power, public opinion, and the unique context in which laws are created and enforced. Understanding this relationship provides valuable insights into the functioning of legal systems and highlights the importance of continuous ethical considerations in governance.