Brittany Morrill Paper 4.edited
docx
keyboard_arrow_up
School
Saint Leo University *
*We aren’t endorsed by this school
Course
MISC
Subject
Philosophy
Date
Jan 9, 2024
Type
docx
Pages
5
Uploaded by CountPuppy13117
1
“Effectiveness of morally based laws”
Brittany Morrill
Saint Leo University
November 19, 2023
2
Abstract
While most laws created are rooted in some morality, whether religious-based or simply because
the majority perceives it as the best outcome for the greater good, this paper hopes to analyze the
effectiveness of creating morality-based laws. By analyzing the effectiveness of morality-based laws, the
argument can be made on whether personal freedoms supersede the public's reasonable expectations to
exist safely. In addition, analyzing whether the personal freedoms of individuals should be a top priority
when the government is creating laws and the public is voting on them is also effective when considering
whether morality-based rules are the most productive in creating a peaceful society.
3
Whether specific laws should exist in the first place or should be relegated to morally accepted
norms is a complex and heavily debated topic. Different cultures and societies have varying perspectives,
leading to much debate and discontent today in other states. For example, whether sports betting or
gambling should be legal and allowed in Florida has consistently been a legal battle fought inside district
and state courts.
(Fineout, 2023) The reason for this is the moral component of gambling. It's frowned
upon, but in addition, the idea that gambling institutions prey upon vulnerable groups is a constant
concern as well. (N, 2023) State gambling laws are not just a morality concern due to the illicitness of
gambling itself but also by denying the ability for gambling laws to continue, there are certainly
proponents that believe it harms the tribal groups of the state who rely on the profits from the
organizations and casinos to continue to provide on the reservations.
The same argument could be made concerning underage drinking. For example, the idea that the
personal freedom of an individual to decide whether to ingest alcohol should be made to fruition;
however, with a law like that, it is not only a concern of the individual who will drink the alcohol but all
those whom that individual's action could harm. This is because not only is health significantly more
compromised when a minor ingests alcohol, but judgment becomes more impaired as well. Poor
judgment in a minor could be argued to result in worse situations than an adult who has the mental
capacity to change their mind before engaging in a dangerous situation such as acting on violent urges
because of being drunk. (Fell et al., 2016)
There are pros and cons to both morally based laws and individual autonomy. For example, laws
based on morals that are universally agreed on, such as not murdering someone, create a shared
experience in a society where everyone feels safe, but that also leads to moral predicaments such as
whether abortion is murder or if bodily autonomy applies to an individual. On the same note, laws such as
Obergfell v Hodges, which challenged a fundamental right for an individual to marry, enforced that
marriage between shared genders was legal even if it wasn't universally agreed on. The law will continue
to overlap morally since morals create a just society.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help
4
There is also a component to morally just laws where humans feel "good" when we do the "right
thing," which is universally agreed upon. In the same way that we as humans feel guilty when we do
something that society has agreed on as a bad thing. (Shavell, 2002) This, unfortunately, leads to
situations, however, which are morally gray. For example, it is frowned upon and illegal to steal.
However, a mother who is unable to afford formula and would be starving her child by not providing it
would also be unlawful. This is a morally gray situation, and one must consider that while some things are
universally agreed on as good and evil, not everything is black and white.
As a progressive society, we should continue to evolve our thinking, laws, and morals. It is unrealistic to
think that the same morals applied for years in different communities would continue to be used as
situations evolve and change. The law must continue to grow with society and try to develop at a
reasonable pace that does not leave more vulnerable groups at risk of being impacted unfairly. An
example of this happening is the passing of the legalization of marijuana. Organizations such as the Last
Prisoner Project attempt to rectify imprisonments that have taken place due to the selling or holding of
marijuana, which in many cases would no longer be a crime today. By overturning these convictions,
society progresses as morality changes.
Overall, morally based laws are a necessity for a just society. This means that while some things
may have been considered flawed at one point, it is unlikely that they will continue to be seen as bad
forever. There are, of course, exceptions that a civilized society will never condone, such as murder or
theft. But morally based laws such as the right to marry, which would include the right to same-sex
marriage or the right to buy marijuana, are laws that were at one point considered morally wrong.
However, societal changes now require laws to reflect changing that moral change. However, as morality
changes as a society, it must also be assessed what kind of societal costs there are with upholding these
new laws and how much of an impact it will make on marginalized groups. These both must be
considered successful in creating laws that will make the most significant impact and progress society
forward.
5
References
Fell, J. C., Scherer, M., Thomas, S., & Voas, R. B. (2016). Assessing the impact of twenty
underage drinking laws.
Journal of Studies on Alcohol and Drugs
,
77
(2), 249–260.
https://doi.org/10.15288/jsad.2016.77.249
Fineout, G. (2023, October 25).
U.S. Supreme Court lifts stay on Florida Sports Betting Case
.
POLITICO. https://www.politico.com/news/2023/10/25/supreme-court-florida-sports-
betting-00123615
N, K. (2023, March 24).
The ethical and legal issues of gambling regulation and taxation -
balancing the scales
. www.lawnewsnetwork.com. https://www.lawnewsnetwork.com/the-
ethical-and-legal-issues-of-gambling-regulation-and-taxation/
Shavell, S. (2002). Law versus morality as regulators of conduct.
SSRN Electronic Journal
,
V4
(N2), 227–257. https://doi.org/10.2139/ssrn.293905