Nolonemo wrote:Doesn't the Catholic church recognise situations in which a sin is excused because of necessity?
I think you hit the nail on the head with your last sentance. The first question is how you define morality
(tangent; I was having a discussion with my criminal law professor in class regarding Devlin's belief that society can determine its own laws and that those are moral. His reasoning was that Devlin was wrong because it does not allow for societal evolution, society is stuck with the morals of the day. I disagreed with it as well, but I disagreed with his reasoning on Devlin. In the end he said Devlin was incorrect because there is an absolute morality, which Devlin did not take into account).
However, there are two scenarios or tracks.
1) Stealing from the rich is morally correct, it is "good stealing", the act is justified..
2) Stealing from the rich is morally
incorrect but it is excused for certain reasons. By excused I mean that society understands it and/or won't punish for it.
When you say that stealing would be excused because of necessity that doesn't mean that you did not steal. Rather, because of other circumstances, you are not punished for it. If you say that the act is justified then you can either say the stealing was correct or, alternatively,
you never stole . The "better course" which results in the least human suffering is not necesarrily the moral course, it could be an understandable/excuseable immoral course.
There is an added dimension of the law's purpose and whether it can take into account all circumstances. Posner's belief of using the law to increase economic efficiency and wealth divorces it from morality. Something could be immoral, but the best way to control it is not to punish it, but to regulate it.
Not being familiar with Christianity or Buddhism I can't really comment on whether the analogies fit (and I would emphasize that neither category is limited to 'fundamental' christians or buddhists). But for a moral relativist I would like to ask if virgin sacrifices, crucifixtion, slavery or lynch mobs are morally acceptable. It would have ramifications over those who want apologies for atrocities committed in the past...if they were morally correct (just that we do not approve of that today) then there is nothing to apologize for. I'd primarily do that to watch them squirm, I'd love to see someone get up and say "Yes, slavery in America was perfectly moral."
[Edit: I edited a couple of things for grammar...no content changed]
--Adam
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