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Are We Dancing Around with Immorality while Avoiding Criminality?
Harvard Law School ^ | November 2001 | Steven Shavell

Posted on 04/15/2019 7:59:55 AM PDT by Great Awakening

It is evident that both law and morality serve to channel our behavior. Law accomplishes this primarily through the threat of sanctions if we disobey legal rules. Morality too involves incentives; bad acts may result in guilt and disapprobation, and goods act in virtuous feelings and praise. These two very different avenues of effect on our actions are examined in this article from an instrumental perspective. The analysis focuses on various social costs associated with law and morality, and on their effectiveness, as determined by the magnitude and likelihood of sanctions and by certain informational factors. After the relative character of law and of morality as means of control of conduct is assessed, consideration is given to their theoretically optimal domains – to where morality alone would appear to be best to control behavior, to where morality and the law would likely be advantageous to employ jointly, and to where solely the law would seem to be desirable to utilize. The observed pattern of use of morality and of law is discussed, and it is tentatively suggested that the observed and the optimal patterns are in rough alignment with one another.

(Excerpt) Read more at papers.ssrn.com ...


TOPICS: Heated Discussion
KEYWORDS: criminality; culture; harvardlawschool; liberalagenda; morality; noob; paragraphs; superstition; welcomethenoob
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To: Olog-hai

Do most lawyers lie?

It seems that obfuscation is their specialty.

And, Anonymity promotes bold speech whether good or evil.

Thanks!


61 posted on 04/15/2019 10:29:26 AM PDT by Great Awakening
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To: aquila48

Good point.


62 posted on 04/15/2019 10:36:37 AM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: sparklite2

Yep.


63 posted on 04/15/2019 10:43:33 AM PDT by blueunicorn6 ("A crack shot and a good dancer")
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To: Wuli

Thank you!

IMHO,
It has always been a struggle between the individual’s free will & the will of others. Even in the closest of personal relationships, there are differences that constantly require an objective process for maintaining a peaceful, equally fulfilling experience.
Morality is a set of rules for the ‘game’ of relationships.
Laws are a codification of common-sense-rules that essentially describe, rather than prescribe, acceptable, standard behavior. Any force applied in the process of conforming to the ‘rules’ must be considered coercive in nature to be used at last resort to prevent unacceptable injury to anyone.

Respectfully offered.


64 posted on 04/15/2019 10:49:45 AM PDT by Great Awakening
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To: Olog-hai

Acts 10:13 Then a voice told him, “Get up, Peter. Kill and eat.”
14 “Surely not, Lord!” Peter replied. “I have never eaten anything impure or unclean.”
15 The voice spoke to him a second time, “Do not call anything impure that God has made clean.”
16 This happened three times, and immediately the sheet was taken back to heaven.


65 posted on 04/15/2019 10:52:12 AM PDT by AppyPappy (How many fingers am I holding up, Winston?)
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To: Great Awakening

“Laws are a codification of common-sense-rules that essentially describe, rather than prescribe”

Sorry, but the compelling force of government behind secular laws makes them a “preciption” more than a mere “description”. Your morality can make you desirous of following a certain behvior rule, but the secular law can compel that behavior on punishment - in real life in real time - for not doing so.

My doctor can “describe” or “recommend”, but if wants to compel the pharmacist to proivide something the doctor wants to be sure I get, he writes a “prescription” not a mere “description”.


66 posted on 04/15/2019 10:57:52 AM PDT by Wuli (30)
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To: AppyPappy

That adds nothing to Peter’s explanation in Acts 10:28, where he explains exactly what (or rather whom) God has cleansed instead of saying that God had cleansed the animals shown in the vision.

Acts 11:18 affirms this; the cleansing was upon the Gentiles.


67 posted on 04/15/2019 11:04:11 AM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Olog-hai

I didn’t write it. I’m just telling you what it said. God told him to eat the unclean items because they were now clean. I assume He knew what He was talking about.


68 posted on 04/15/2019 11:09:59 AM PDT by AppyPappy (How many fingers am I holding up, Winston?)
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To: LS

Thanks!

Great post.

IMHO,

The ‘law’ of action & reaction applies in all things.

Too many of us do not understand that nothing is ‘free’.

Freedom isn’t free.

Speech is a physical objective thing that is formed in thought & expressed in words that may or may not do good or harm.

‘Free speech’ is an unalienable right, but not without responsibility for the consequences of what is said & not without risk of unfavorable response.

The sense of entitlement has been perpetrated by the enemies of a responsible self-sustaining society where the afflicted have little empathy for those outside their ‘bubble’.

We must teach & relearn basis principles of civility to save ourselves & our nation.

Thanks for your dialogue.
Best regards


69 posted on 04/15/2019 11:26:11 AM PDT by Great Awakening
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To: AppyPappy
I know exactly what it says. That’s why I emphasize the whole thing in context.

God told Peter to eat nothing; don't put words in God's mouth. God said, “What God has cleansed, that call thou not common” after Peter was emphatic that he would not kill and eat the unclean animals after God said to “arise … kill and eat”, and what Peter got from that is “God hath shown me that I should not call any man common or unclean” by means of that vision.
70 posted on 04/15/2019 11:26:30 AM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Olog-hai

Here’s what it really says
Acts 10:13 Then a voice told him, “Get up, Peter. Kill and eat.”
14 “Surely not, Lord!” Peter replied. “I have never eaten anything impure or unclean.” 15 The voice spoke to him a second time, “Do not call **anything** impure that God has made clean.”

They are talking about food and animals, not people. Peter later extended it to people.


71 posted on 04/15/2019 11:36:06 AM PDT by AppyPappy (How many fingers am I holding up, Winston?)
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To: Great Awakening

Our free will came from God, if that answers your question.

Religion I think is our behavior associated with our attempts either to practice our faith or to appear as though we are practicing what we claim to be our faith.

If there is a purpose for religion, it’s created by humans. Jesus teaches us to abandon religion so that we can follow him.


72 posted on 04/15/2019 11:38:12 AM PDT by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: Olog-hai

It’s so plain that there are how many different denominations of Christianity?


73 posted on 04/15/2019 11:49:20 AM PDT by OIFVeteran
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To: Great Awakening

Yep. And there is a difference between responsibility and repression. The latter isn’t needed if the former is exercised.


74 posted on 04/15/2019 11:59:38 AM PDT by LS ("Castles made of sand, fall in the sea . . . eventually" (Hendrix))
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To: sparklite2

Societal changes come from identifiable causes.

The goal of the Marxists has been to destroy the civilization that essentially came from Christendom. They founded the Frankfort School in 1923.

They specifically targeted family, church, work ethic, education and traditional morals in general.

Marcuse published Eros and Civilization in 1955. Jack Kerouac’s On the Road was 1957. Charles Bukowski was doing his thing as early as the 1940’s.

Max Horkheimer wrote The Eclipse of Reason and, with Theodor Adorno, The Dialectic of Enlightenment in 1947.

Erich Fromm wrote Escape From Freedom in 1941 and Man for Himself: An Inquiry into the Psychology of Ethics, in 1947.


75 posted on 04/15/2019 12:00:03 PM PDT by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: Great Awakening

Don’t miss this part:

Jesus teaches us to abandon religion so that we can follow him.


76 posted on 04/15/2019 12:01:02 PM PDT by reasonisfaith (What are the implications if the Resurrection of Christ is a true event in history?)
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To: Grampa Dave

Thank you!


77 posted on 04/15/2019 12:44:46 PM PDT by Grampa Dave (Anyone trusting the media has failed a competency check or/and is a paid troll for the lefties.)
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To: Great Awakening

It is a worthy subject, but I do not submit to the tutelage of any product of Marxist Law School.

My exemplar is Jesus Christ. I aspired to be a lawyer until, at age seventeen, I saw what they were.


78 posted on 04/15/2019 1:55:52 PM PDT by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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To: sparklite2

Yeah, but it was not as gorgeous a treatise as the other one.


79 posted on 04/15/2019 1:58:05 PM PDT by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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To: reasonisfaith

Harvard Law School specializes in producing immoral practitioners.


80 posted on 04/15/2019 1:59:33 PM PDT by YogicCowboy ("I am not entirely on anyone's side, because no one is entirely on mine." - J. R. R. Tolkien)
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