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To: JediJones

“One just cannot legislate morality.”
-Chief Justice John Marshall

I’m not going to argue with perhaps the greatest jurist to ever sit on the SCOTUS,


261 posted on 08/24/2012 10:57:27 PM PDT by Emperor Palpatine (Tosca, mi fai dimeticare Iddio!!!!!!)
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To: Emperor Palpatine
I’m not going to argue with perhaps the greatest jurist to ever sit on the SCOTUS,

One man's morality is another man's law. Several of the 10 commandments are enshrined in our law. What are the 10 commandments except laws? Every society has tried to create laws to control damaging behavior that people might otherwise want to engage in. Laws are a response to the failure and misery of anarchy.

There are good laws and bad laws. But the good ones are a subset of the society's moral code, their version of the 10 commandments. For example, most states now consider texting while driving to be "wrong," a.k.a. immoral. The only real difference between good law and morality is that we don't outlaw everything that we think is wrong, due to the sheer impracticality of enforcing it. But when enforcement is practical, the law should attempt to enforce a society's moral code.

263 posted on 08/24/2012 11:09:45 PM PDT by JediJones (Too Hot for GOP TV: Newt Gingrich, Sarah Palin, Allen West and Donald Trump)
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