Topic 5 DQ 2
Can or should law "legislate" private morality? Explain your answer and provide an example.
If "legislate morality" means creating laws based on moral principles, then we should do so. If "legislate morality" means creating laws based only on the moral or immoral nature of an action, then we should refrain from legislating morality. It is often argued that regulations should be in place to prohibit specific activities deemed unethical. Due to varying moral perspectives, there is a broad spectrum of activities that various individuals believe should be forbidden or penalized by the government:
Gambling
Smoking
Paying workers below $15 an hour
Divorce
Same-sex marriage
Using single-use plastics
Having only men on a corporate board
We should not base regulations banning these behaviors simply on the premise of immorality, regardless of whether they are deemed immoral or not. Certain immoral actions should be outlawed, and the moral reprehensibility of an act might be a pertinent factor in legal considerations. However, the immorality of an activity alone is not enough to warrant its prohibition by law. Not every unethical behavior warrants governmental punishment. Equating morality with legality by aligning human law with natural law can lead to an immoral society that endangers human well-being. Here are six reasons why this method of "legislating morality" should be avoided.
