Subjective law


Why I don't believe morality in law is a good idea
Alaskablawg put up something that touches on a discussion that was happening in the comments.

What I want to know is why we decided to give the state such authority over how we deal with our children. The typical rejoinder is along the lines of "Well, children shouldn't be in a home where they are being abused", the abuse typically understood to be physical or sexual. I don't really have an issue with that statement as a principle, but gradually, we have expanded the definition of 'harm' to include a great deal of matters and have made the state too powerful in these cases. Domestic violence and drug use are used to justify removing kids from the home. Remember that domestic violence, as statutorily described, includes situations in which someone is placed in fear. So, a raised voice can count as grounds for a conviction for domestic violence (I've seen it happen, but not to my clients). Why should someone's kids be taken out of the house because of an argument? Why should parents have to go through some classes because of an argument in front of kids? Why should the state have such authority? Beats me.

Obviously I have been thinking about this for a couple of days.

I think the error is in the law itself. We're trying to apply objective standards to something that is subjective.

Domestic abuse is one example, but I think we have just about driven that into the ground on the comments.

So let's talk about another, giving kids alcohol to drink.

Remember that prior to Prohibition, alcoholic drinks tended to be safer than the water. But today, the very suggestion that a little wine in moderation on special occasions might be fine is enough to rouse the Mighty Protectors of Childhood. BAM! The decision of morality just got shifted from the parents to the Grand and Glorious State.

And not coincidentally, those who control the State.

Here's one for you. There is a fairly healthy naturist movement in the U.S. Most of those people (and I am one of them) believe that nudity doesn't necessarily equal sex, and there is nothing wrong with sunbathing or swimming without clothing. Yet if I were a parent, that belief might well be enough to take the kids away. It wouldn't be my views of nudity that would "corrupt," but rather the imposed morality of the State. And supposedly the majority.

What about religion? There's a can of worms. Especially when I mention that the American public school system was created in part to limit the influence of Catholic schools.

Betcha that your history class never covered THAT topic.

The best intentions can lead to tyranny, especially when it is done "for your own good."

— NeoWayland

Posted: Tue - September 12, 2006 at 07:42 AM  Tag


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