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> This depends a lot on context you haven't provided. Most importantly - is this legal? Whether it is legal or not is irrelevant. You are entering into a conv
by tristor 2y ago
> This depends a lot on context you haven't provided. Most importantly - is this legal?
Whether it is legal or not is irrelevant. You are entering into a conversation about morality. The law does not dictate morality, as much as it can morality dictates the law. The entire point of the person you are replying to is that acts with moral equivalence are treated differently by the law because of the social and economic status of those likely to commit those acts.
A very real example of this from American history is that crack cocaine and powder cocaine had different mandatory minimum sentencing guidelines for charges of simple possession as well as charges of possession with intent to distribute. Both are effectively the same drug, but one version of this drug is more commonly use by poor and non-white people, and the other version used by rich white people, and so we ended up with a gross disparity in the law over exactly morally equivalent acts.
You are not actually engaging with the argument that the person you are replying to is making. Nobody gives a shit what the law says, they care about what is right and what is wrong. Then we mold the law to match.
- edanm 2y ago> Whether it is legal or not is irrelevant. You are entering into a conversation about morality. The law does not dictate morality, as much as it can morality dictates the law. There are various ideas about morality. But I think even in the most common-sense interpretation of morality, most people agree that there are things that are legal, but immoral, things that are perfectly moral but illegal, and that respecting the law is a meta-rule that is important regardless of morality. Simple example: Most people agree that cheating on a spouse is wrong and immoral. Not illegal though. Do you think it makes any sense to suggest that the only options are either we change the law to make adultery criminal, or we take vigilante justice on adulterers? Or is it just possible that some things might be immoral (to some people) but should be legal? > A very real example of this from American history is that crack cocaine and powder cocaine had different mandatory minimum sentencing guidelines [...] Yes, and I think the law was wrong in this case, like it's been wrong many times in history (slavery was once legal too). The correct thing to do was to try and change it, which is what eventually happened. An incorrect option would've been to jailbreak prisoners because you disagree with the law, despite lots of people being imprisoned for longer than they should've been. > You are not actually engaging with the argument that the person you are replying to is making. Nobody gives a shit what the law says, they care about what is right and what is wrong. Then we mold the law to match. I am engaging, because I disagree with this idea. The law and morality are connected, but distinct things, as I've shown above. We have to have legal systems in place to make broad decisions - we can't go based off of people's personal moral ideas. Explain to me how you would like things to work and still be compatible with that idea, given the above examples I've given. And I think the idea that "nobody gives a shit what the law says" is a statement that is... very, very incorrect.
- wat10000 2y agoThe biggest question here is: what is the purpose of the law? The standard answers are things like, the law exists to protect people, or enforce broadly agreed conduct, or to deter or punish criminals. Those answers are all wrong. The purpose of the law is this: to convince people not to take matters into their own hands. Civilization depends on people mostly not taking violent revenge when wronged. The law exists to replace revenge with “justice” in the minds of the aggrieved. Everything else is window dressing. If this starts to break down then the law is failing. The fix isn’t to convince people that following the law is inportant, the fix is to show people that the law offers a viable notion of justice, whatever that might entail.
- edanm 2y ago> If this starts to break down then the law is failing. The fix isn’t to convince people that following the law is inportant, the fix is to show people that the law offers a viable notion of justice, whatever that might entail. I agree. I just don't think the system is as broken as you seem to think it is. Compared to almost any other place and time, the system is the best. > Those answers are all wrong. The purpose of the law is this: to convince people not to take matters into their own hands. Btw, while I do agree with this in a democracy, note that many, many people throughout history (and today!) live and have lived in places where some people really are above the law. That doesn't seem to preclude society functioning.
- wat10000 2y agoIf the system is the best then it should work. If it worked then there wouldn’t be a bunch of people cheering on a cold-blooded murder.
- MoreMoore 2y agoHave you lost a loved one because health insurance refused or delayed payment for treatment? I can't take you seriously when you say the system isn't that broken when I see people sharing their experiences of how people died and suffered unnecessarily because some health insurance company fought them on it. How is that not insanely broken? Here in Germany, I've never had to worry about whether my healthcare would pay my treatment when I've had to go to the hospital and had to be operated on. The idea that this is possible in other countries is unfathomable to me. I didn't choose to have whatever illness I might have. My doctor decided the best way to treat my illness. Why does some third party get to decide "but nah bro, it can't be that bad, let's just wait and see how the patient does in a week or two". Why can they override what a doctor thinks is best? And why are there people like you who thinks "it's not that bad/broken".