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.)
Thank you kindly. I admit that much of the trouble stems from my desire to trim back my OP as close to the core idea as possible. You're perfectly justified in taking exception with my "self-evident" statements, and certainly much explanation would be required to justify those statements in a rigidly formal setting. That's not to say that we should just "let things slide" in any setting, but I figured we could cut to the chase, as many would fill in the blanks on their own, finding the ideas agreeable enough to proceed.
Important to note is that the entirety of my argument is meant to refer to the individual, not the larger society and how it creates law. Of course law is ostensibly predicated upon common concepts of morality, and is expected to co-exist with it. This argument is only meant to demonstrate that both cannot hold a primary authoritative position in the individual's personal decision-making process, and that where one is not primary, it is not operating as it must to be effective (or even extant, relative to that individual). Also, I am targeting the argument at people who consider themselves "moral", meaning that they strive to live up to some standard of morality. Anyone who does not value morality at all is free to dismiss the argument, as the matter need not concern them.
Now, if the "moral person" desires to live up to their own standard, then whatever the practical consequences of that striving -- be it complete failure, complete success, or anywhere along that spectrum -- it can be said that their intent is in the moral direction. In order to make an earnest effort to this effect, the moral standard must represent the primary obligation in
all cases; for what else does it mean to be a moral person other than that your life is guided by morality? One may fail in the practical attempt, but they cannot purposefully dismiss the moral obligation under any circumstances and still accurately describe themselves as a moral person. Morality's role is to stand as the ultimate judge of the individual's behavior. It's purpose is to determine right action; not in a vacuum, but while navigating the tumult of other conflicting standards and motivations. If it does not hold this primary position, it is not serving its purpose, and thus ceases to exist as morality proper. Its authority is rooted in its primacy. Obviously, the same can be said of governmental law. This is the fundamental reasoning behind the assertion of exclusivity. Given this contextual explanation, do you still dispute this claim?
Mutual exclusivity between law and morals in the context of their perfect alignment is rather a moot point. I stand by my argument that one standard must still be primary (since the standard, to be a standard, must be so at all times), but since it will only be revealed where discrepancies occur, it serves to dilute the discussion to expound upon this point. However, I felt it necessary to note that the instance of perfect alignment does not contradict the mutual exclusivity conclusion.
PERSONAL NOTES AND TANGENTIALS:
I have a tendency to be verbose, and am constantly on-guard against this because posts can swell to unmanageable lengths. My attempts to avoid this can often lead to misunderstanding. My comment about "obfuscation via complexification" was expressing my reluctance to have this thread become an armchair bout of high philosophy. I desire to have this argument serve as a tool for self-reflection, and for readers to analyze their own motivations to determine where authority lies in their own lives. I did not want to distract from this goal with the rigors of establishing definitions and providing formal proofs to establish my premises, etc., unless absolutely necessary. I felt that your initial reply was taking us in that direction, rather than cutting to the chase, and so I offered that comment. I hope you did not take offense; it was more about my unstated desire for informality than any perceived wrongdoing on your part.
In simple, informal terms: I'm of the opinion that a moral person cannot concede the validity of governmental authority at all, because man's law claims supremacy over their individual morality. Law may coincide with our morality, but it's of no matter whether it does or it does not, because it is irrelevant if we are committed to holding to our moral standard. Basically, where it aligns - good for you; where it doesn't - oh well, catch me if you can. The moral person cannot be obligated to abide by man's law.
Furthermore, I submit the rather obvious claim that government can
never have valid authority in
anyone's life, regardless of their beliefs. One need only realize that even if they believe that governmental law holds the highest authority in their life, it is
their own judgement that grants it this position, in lieu of all other options. So the law itself holds no authority that is not personally conceded. if the reader recognizes that they allow themselves the luxury of making the core determination as to what role government will play in their own life, then I merely ask that they consider affording others an equal opportunity. When they vote, however (effectually saying "I support government's right to be an authority over YOU"), they are not respecting their neighbor's right to make that choice for themselves, and to perhaps choose differently. No one can truly deny their neighbor the choice, but you are placing them in a position of danger for making a choice different from your own. As such, you are subjecting them to violent coercion by proxy. But this is a matter for another thread...
Thank you for the remarks above. It's a far better argument than the one I read in the OP, I'd even call it a fine argument, and it's one with which I take no material exception.
You're welcome.
I admit that much of the trouble stems from my desire to trim back my OP as close to the core idea as possible....I have a tendency to be verbose, and am constantly on-guard against this because posts can swell to unmanageable lengths. My attempts to avoid this can often lead to misunderstanding.
Given your exposition in post 37, I'd say misunderstanding is what I obtained from the OP.
I figured we could cut to the chase, as many would fill in the blanks on their own
Some, perhaps many, here would do just that. I generally don't, mostly out of respect for a writer/speaker. I presume that one will, with full awareness of the implications of one's remarks, say neither more nor less than what one means (tacitly and explicitly). Truly in a segment labeled as an argument, I'm definitely not going to fill in the blanks; doing so oversteps my authority.
Lord knows a good share of my posts are written to preempt readers' filling in the blanks as they see fit rather than in some way that makes sense given the content/context of the argument I present. Sadly, framing, is all too common here. Defending against straw man tactics of that sort compels me to post far wordier posts than I'd otherwise care to or would among conversationalists given to productive discussion in which commonality is found more so than adversarial blathering to "win."
Important to note is that the entirety of my argument is meant to refer to the individual, not the larger society and how it creates law.
Be thine own palace, or the world's thy jail.
-- John Donne, "To Sir Henry Wotton"
Noted and understood. The difference in focus is very material. Substantively it limits the scope of considerations, although in doing so, it (1) leaves a huge gap at the point where "non-island" individuals join society and (2) as goes forensic debate strategy, from the start it forces most refutations to the margins, which as any chess player knows is rather an unsatisfying vantage.
TY for the clarification.
I am targeting the argument at people who consider themselves "moral", meaning that they strive to live up to some standard of morality....In order to make an earnest effort to this effect, the moral standard must represent the primary obligation in all cases; for what else does it mean to be a moral person other than that your life is guided by morality?...One may fail in the practical attempt, but they cannot purposefully dismiss the moral obligation under any circumstances and still accurately describe themselves as a moral person.
The lesser of two evils is still evil.
-- Solomon
I presume you don't intend a notion such as Solomon's, so In the main I agree; however, reading the above, I thought about moral relativism and in turn thought about the point at which the relativist's morals achieve immorality. Even as I think you weren't thematically going down Solomon's road, as it were, I still have to ask what qualifier applies at the limit because I think of morality as a multidimensionality of continuums (there are a few more, but the several below will do for the discussion) that define what is/isn't moral:
- Care (M-moral) vs. Harm (IM-immoral)
- Fidelity (M) vs. Chicanery (IM)
- Rectitude/sanctity (M) vs. Turpitude/impiety (IM) [Rectitude and turpitude being the terms I've chosen to allude to the notion of extratheistic sanctity....I'm trusting you get my meaning.]
- Liberty (M) vs. Tyranny (IM)
Can one reach the limit (abstract or practical) and still be "guided by morality?" May such a person still "accurately describe themselves as a moral person?"
One who routinely lands near the immoral end of several of the spectra cannot accurately declare themselves as moral (truth being existential), though in practice they may think they are to some degree moral. "Even I wouldn't go so far as to....," such individuals may say, yet the rest of us know those persons are depraved. One eventually wonders of such wanton folks whether anything having to do with morality even enters their minds as they choose their undertakings. One answer, is, of course, "no" however, that leaves open the governance model you mentioned.
Wondering whether such person holds to any moral code, the next question one might ask is whether the person ascribes to no moral code
and to no jurisprudential code. I should think that for some reprobates, the answer must be no in both regards, but they are the curs who verily define the margins to which I above referred.
Now, if the "moral person" desires to live up to their own standard, then whatever the practical consequences of that striving -- be it complete failure, complete success, or anywhere along that spectrum -- it can be said that their intent is in the moral direction. In order to make an earnest effort to this effect, the moral standard must represent the primary obligation in all cases; for what else does it mean to be a moral person other than that your life is guided by morality?
It's that "all" cases that really bothers me to the point that I am not inclined to accept "all" whereas I could accept "some," "most," "many," or any of a variety of less absolute qualifiers.
Take my economics and position on economics. My normative economic choices/preferences derive from empirical findings that demonstrate that "this or that" economic policy will produce, well, more money. Now I'm aware that some of the economic stances I prefer will result in some folks being worse off and others better, others still will experience no substantive impact. I'm okay with that because overall, it's more money "in the pot," as it were. I'm completely indifferent about who -- individual level or segment of society -- be the "winners and losers." Obviously I must have some confidence in my own ability to be among the "winners," however, I acknowledge there's risk that I may not be, and if I'm not, well, so be it, I'll have to try harder to join the "winners. Similarly, insofar as I'm choosing the stance I prefer, the formulation of my preference doesn't result from any governance ends or influences.
So what's driving the choice I've described? For me, economic and (to some extent) social Darwinism. Governance nor morality hasn't anything to do with it. Do I think myself a moral person in general? Of course. Might others think me so? Plenty in "the real world" do -- I've for decades, since sometime in high school, heard the same remarks about my moral/ethical bearing..."Very demanding, very fair, generous yet a true believer in the notion that 'the Lord help them who help themselves.' " Might some who don't know me well consider me amoral or immoral? Maybe, but inasmuch as I'm okay with how I'm perceived by those who know me well, other folks' judgment doesn't concern me. Indeed, as go my economics, I'm rather happy they by and large don't depend on morality.
Hopefully the discussion above conveys how I come to take exception with the "all cases" element of the model you've presented. (I don't imagine you'll respond with an exposition about natural law seeing as one can't really call that governance for natural law just is; it's not a construct.)
Mutual exclusivity between law and morals in the context of their perfect alignment is rather a moot point. I stand by my argument that one standard must still be primary (since the standard, to be a standard, must be so at all times), but since it will only be revealed where discrepancies occur, it serves to dilute the discussion to expound upon this point. However, I felt it necessary to note that the instance of perfect alignment does not contradict the mutual exclusivity conclusion.
Here again, when choosing my economic positions, what the law says has nothing to do with what I'd choose to make be policy. I'm simply looking at empirical economic evidence and choosing based on that. There're no laws involved or guiding my preferences. I don't say "it's wrong to implement 'such and such' economic policy because it'll adversely affect...." I say, "Yes, 'such and such' policy will adversely affect the following genre of individuals and I'm okay with it doing so. They either 'step up' (on their own or with help) or perish. I'm okay with either outcome."
Now, once the policy has been implemented, would I deny someone the guidance they request so they can "step up?" No. That absolutely is a moral choice I make. My "system" works about like this:
- Don't solicit assistance when one should do so --> one perishes, and I'm okay with that.
- Solicit assistance and be unable to avail oneself of it --> one perishes, and I'm okay with that.
- Have no need for help or receive help and make effective use of it --> one thrives, and I'm okay with that.
The moral person cannot be obligated to abide by man's law.
That's idea verges on anarchical. It may well be squarely that.