.
Law is law. It is amoral -- neither moral nor immoral.
Morality is a concept within Philosophy. Has nothing to do with law.
Law is simply the enactments of the legislature sometimes as interpreted by the judiciary. It is then administered by the administration branch.
The original meaning of law in ancient Aryan/Persian was simply "the utterances of the King". Still nothing to do with morality -- not for over 27 centuries since the word was invented.
Ergo, your thesis is flawed in a really major way.
I purposefully did not secure my argument with laborious clarifying verbiage for the sake of brevity; trusting that readers would understand that the informal setting did not require such tedious language. Earnest investigators would perceive clearly upon reading the entirety of my opening post that my initial statement, “inconsistency between morality and governmental law” carries the implication of “as practically applied by the individual.” The overall nature of law as a concept, or strict definitions of the word are not what’s being addressed here.
My credentials are minor and not meant to impress, or even to be considered relevant. I mention them merely to illustrate that I have read much of the philosophical justifications for government and its law, and do not feel that the argument presented at the head of this thread has been adequately addressed. Would you like to address it now?
I would in no way claim to have masterful knowledge of all that has been written on the subject of jurisprudence, I've read enough to discern that the bulk of that material (as is so often the case in philosophy) serves more as a justification for a foregone conclusion, rather than an adequate validation of the position being proposed.
allowing the premises to stand as self-evident
The premises in your argument are foregone conclusions, and not one of them is deductively or inductively substantiated. You've merely presented them baldly and bid us to accept them as "
self-evident forgone conclusions." Having a degree in philosophy, you know that
onus probandi lies with the person who presents the premises, the person making the argument, not with the person who identifies material weaknesses in it. That there are multiple premises in your argument that you present as givens, as self-evident, when they are not constitutes multiple material weaknesses in your argument.
Premise 1:
Morality, to have authority, must be a primary obligatory standard for individual behavior.
- Insofar as moral tenets are normative, anyone will agree that, in most instances, they have no formal authority unless and until its precepts become codified as jurisprudence. That said, one need only canvas "Bible thumpers" to observe that moral tenets that are not codified nonetheless have authority. Indeed, Kim Davis' actions in 2015-16 show that even when moral tenets are expressly rejected, they still can have authority in the mind of any given individual. Such is the nature of normativism. (cont'd in the next subsection)
Premise 2:
Governmental law, to have authority, must be a primary obligatory standard for individual behavior.
(cont'd from the prior subsection)
- Continuing with the Davis example, it's clear that Davis subordinated secular law to moral law -- as she understands it given her ascribed-to theology, which is what obliged her to take the stance she did -- and concluded that denying marriage licenses to gay couples was the morally apt thing to do. Yet even and after her doing/thinking/asserting so, the enactors and supporters of the very same secular law have maintained that according to same-sex couples the same pair-bonding legal rights different-sex couples enjoy is the morally apt thing to do.
The thing to keep in mind is that the imprimatur for the same-sex marriage authorization law that Davis rejects, derives from both jurisprudential philosophy (governance) and moral philosophy. Although Davis did indeed see morality as superior to governance, that law's supporters/enactors can assert a duality of governance and morality as the justification for the law's existence, enforcement, etc.
Having illustrated the dual primacy as goes the authority by which laws are implemented let's also consider the authority by which one be called to adjudge another's culpability for "whatever." (Note: I've used the term "juror;" however, the setting need not be necessarily that of a courtroom. It could as well be a convocation of faculty or camp counselor, siblings, the court of public opinion, or any other body wherein a community individually or representationally expresses its approbation or disapprobation.)
- "Juror 1" may declare a defendant guilty (or not guilty) on moral grounds. Such a juror prioritizes the authority of morality over that of governance.
- "Juror 2" may determine the same defendant guilty (or not guilty) on strictly "letter of the law" grounds. Such a juror prioritizes the authority governance over that of morality.
- "Juror 3" may find the same defendant guilty (or not guilty) on account of his/her being both immoral and strictly unlawful. To the extent such a juror cites both as the reasons for his/her decision, s/he may be said to have prioritized neither authority. Can "Juror 3" indicate that one played a greater role than the other? Sure, s/he can, but s/he can as well be of a mind that were the defendant not guilty in both dimensions, s/he (the juror) would have demurred from declaring the defendant guilty.
What the foregoing shows us is yet another aspect of
the concept I presented earlier, though in that prior discussion I presented the concept from the societal-level perspective. At the individual level, yes, governance and morality can and do battle for primacy, just as they do at the societal level. For individuals, one often enough wins out over the other; however, that need not "must be" the outcome.
Who among us would, for instance, argue that governance (law and order), rather than morality, is
the reason to prohibit murder? I think that most folks acknowledge that eschewing the act of murder is every bit as critical to the orderly conduct of their own life as it is to their maintaining and acceptable degree of rectitude. Murderers may not share most folks' "obligatory standard" for how they conduct their own affairs; some of them may well prefer not to murder someone because doing so increases the risk of terminating the orderly conduct of their lives. Even murderers realize that being killed in return for killing another unequivocally ends the orderly conduct of their own life.
Premise 3:
morality and governmental law are mutually exclusive
Although you buried this premise in your argument's conclusion, the two preceding premises don't at all establish that morality and governance are mutually exclusive. Neither, as discussed above, is their being so "self-evident."
Conclusion:
only one authority may hold the primary place as a standard for individual behavior
As I have now twice described, morality and governance do not exist as distinct vacuums from which individuals and societies draw authority from or assign authority to
only one or the other when crafting, evaluating and/or enforcing whatever be their extant or desired laws. Sometimes morality and governance share primacy in the formulation of laws.
Quite simply, there can be a primacy tie between them. Because primacy can be shared, it is not so that "only one," morality or governance, defines the standard for individual behavior.
Similarly, your reply -- though incredibly thoughtful and well-written -- at no point demonstrates (even in the most rudimentary form) how either the premises or conclusion of my argument are false or invalid.
You just keep thinking that....
(having a bachelor's degree in [philosophy]
Having that degree, you know the discipline of philosophy called logic requires the presenter of an argument to prove/show the veracity of his/her premise(s) and that his/her conclusion follows soundly/cogently from the premises. One who'd refute an argument need only show that the premises don't universally hold true. I've done that, twice now.
Remember, you made the legitimacy of your conclusion -- "only one authority may hold the primary place as a standard for individual behavior" -- contingent upon the mutual exclusivity of morality and governance, and thereby making your premises
universal affirmatives with regard to morality or governance having authority.
I've provided at multiple examples that show that both individuals and societies may assign/draw authority to governance, morality or both concurrently. Because there are such examples, your conclusion/argument/premises are sometimes true and sometimes not.
You have a degree in philosophy, so you you know as well as I that that for an argument to be sound/cogent and valid, the premises and conclusion must be always true.
To be quite honest, I feel as though it's merely obfuscation by way of complexification (again, as so much of philosophy turns out to be upon extensive investigation), and that it would benefit all who participate in this thread to distill your ideas down to their most basic form, so as to make known your true position.
Excuse me? The only person with whom I'm engaging in discourse is you. You have a degree in philosophy, so surely nothing I wrote strikes you as complex enough to obfuscate the ideas I've expressed.
Now, sure as I've engaged with you on this topic, trust me, it's for nobody's benefit; it's merely an abstract conversation in which I opted to partake because I think the topic interesting. Like you, I acknowledge there is "inconsistency between morality and governmental law." You and I differ, right now at least, in that you've argued that the discordance derives from one's/society's having to choose between morality and governance. The point, then, of my refutation of your argument is that society does not have to so choose, and what I've shown is that sometimes it does choose between the two, suborning one to the other in the design and implementation of jurisprudence, it does not always do so. Society/individuals can choose to do that, but it/they can as well choose not to and instead declare the two be equivalently legitimate authorities for jurisprudential actions (creating a law, passing it, enforcing it, and judging various comportment's legitimacy.)
To be quite honest, I feel as though it's merely obfuscation by way of complexification (again, as so much of philosophy turns out to be upon extensive investigation), and that it would benefit all who participate in this thread to distill your ideas down to their most basic form, so as to make known your true position.
If "all who participate" comprehend what I've written, great. If they don't, they can ask me for clarification and/or read the linked content. If they don't understand what I've written and don't care enough about it to ask for clarification or read the linked content, that's also okay with me so long as they have the decency not to respond to my comments that they don't understand.
Aside:
Facilitating readers' comprehension of my remarks is often the reason I hyperlink the content I do. Sometimes the content at the linked site explains a term, phrase or concept. That is generally the case when I use terminology that has a specific meaning in a given discipline. "Universal affirmative" in the above remarks is one example of that.
Other times the hyperlinked content provides background information that informs the reader of what I had in mind. Such is the reason I above hyperlinked content in association with "self-evident," which is a term I am reasonably certain readers know what it means on its own.