In this encore episode from a couple of years back, Gary discusses the impossibility of a “neutral” law system.
Constitutional scholar Archie Jones argues there is no way to escape legislating morality:
Every system of government exists to produce or enforce certain laws, and every law necessarily entails a set of moral assumptions. All morality—even that which is usually supposed to be, or touted as being, based upon an “irreligious” or “anti-religious” philosophical foundation—is ultimately religious in its nature, since it is founded upon a set of pretheoretical presuppositions, fundamental assumptions about the nature of reality, about God, man, and things, which are taken on (a usually unacknowledged) faith. In this deepest sense, then, the question for every legal system is not whether it will be based upon “religion” but rather which religion or religious philosophy will be its foundation?
Everybody uses moral arguments to make a case for personal or legislative cause. “[L]eftists in many a Western country speak of a duty, a moral obligation on the part of the richer nations toward those less well off (just as richer individuals ought to aid poorer ones).” So then, it’s not a question of whether morality will be legislated, but whose view of morality will be legislated?
Legislating morality is an inescapable concept, contrary to the protestations of some. Dexter Chambers, the communications director for the Atlanta City Council, claims that he is against legislating morality: “I do not believe in imposing my morals on anyone else or anyone else imposing their morals on me.” But the City Council imposes someone’s view of morality on the people of the city of Atlanta on a regular basis. Some people like the Council’s rulings, and some do not, but there’s no escaping the fact that the morality is being legislated.
Myths, Lies, and Half-Truths
Our nation is in a crisis. The world is crying out for answers in the face of bewildering and seemingly unsolvable problems. Myths, Lies, and Half-Truths shows that the Bible has real answers to these problems—answers the church is currently ignoring.
Buy NowYou’ve heard it said over and over again that morality can’t be legislated, but this is impossible. Every law is an imposition of someone’s morality. In this encore episode from a couple of years back, Gary discusses this topic in much more depth, showing the impossibility of a “neutral” law system.