Above the law and why we cannot allow theist freedom

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  • #4672
    David Boots
    Participant

    Dr Bob thank you for your comment but I think I have to disagree.

    The first thing I would say is that the discretion in the aplication of a law is not the same as choosing to obey a law. And here we are not talking about just not following a law but actually disregarding it in favour of a person’s own subjective view of what the law should be.

    The second thing I would say is that there exist political procedures for changing laws and these can and do work. I do concede that in some countries and in some time frames there would be no recourse to a political solution.

    Finally I would make this point. The idea that a noble cause or a higher moral ground exists that would allow a person to suspend a law is just fine when that higher moral ground works in your favour. If we allow the view that a person can usurp a law and replace it with their view of a law then honour killings would be legitimate for the killers. Perhaps the victims of honour killings would object to this. These victims – if they could speak – might claim the higher moral ground I would say.

    This argument relies totally on an asymmetric perspective.

    #4673
    PopeBeanie
    Moderator

    I agree that in some cases it’s acceptable to not prosecute or not convict. I hated the OJ verdict, but the prosecution screwed up. We’re not in deep shit until Sharia law becomes the norm… which it won’t. Well, in some cases perhaps pro-Christian or pro-nationalist judges or juries will be  stacked and biased toward a lower level of tolerance.

    Rule of law is a good law, but common sense should never be ignored as a rule.

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