Law And Morality: Relating Natural Law To Contemporary Political Issues
Start writing a post
Politics and Activism

Law And Morality: Relating Natural Law To Contemporary Political Issues

Should the law derive authority from morality?

114
Law And Morality: Relating Natural Law To Contemporary Political Issues
http://wallpapercave.com

There is an American culture that regards the law of the land immutable and absolute. People rooted in this common strain of thought often say things like, "the law is the law" and "it's the law." While laws are often necessary and conducive to a well-rounded, civilized society, they are often contrary to good sense and morality.

People typically regard human laws to be fundamentally disconnected from morality, or they have never formed an association between these two ideas. I am of the opinion that laws ought to conform to and be derived from accepted standards of morality, which ultimately spring from human nature and reason. This view is academically known as natural law theory and has been an object of speculation by philosophers and political theorists for hundreds of years.

I will relate, in this article, natural law to a pressing issue relevant to today's political and social atmosphere—contentions arising from immigration laws and policies.

I recently witnessed an online video depicting former Pennsylvania Senator, Rick Santorum, exchanging dialogue with a young woman who's an undocumented immigrant from Mexico. The woman was brought here as a young girl by her mother, who desired a better life for her daughter. She eventually went on to earn a college degree in engineering and now contributes immensely to her community and works in the technology sector. The young woman is a law-abiding citizen, taxpayer and hard worker, yet she fears her status will deprive her of her work license (allowable under Obama's Dream Act), and she will be labeled for deportation.

The Senator expressed sympathy; however, he told her that her story is unfortunate but not above the law. He told her that she was lucky to have had the opportunity to be so successful in America, but that she would have to go back to Mexico and reapply for citizenship the right way. The only problem is, she will probably never be able to come back because of the egregious difficulty of attaining citizenship in America through flawed immigration policies. To send her back to Mexico, along with many other law-abiding, educated immigrants, is to commit a moral atrocity, even if it is in accordance with the law.

Not surprisingly, Rick Santorum tends towards the political right. After the recent presidential nomination, the American government is now being run by fervent Republicans wielding immense political power, and who probably share sentiments with Santorum.

Trump wants to "make America great again," but he will most likely seek practical expedients to achieve his political ends, disregarding what may be considered virtuous in any moral, absolute sense. This is the lesson of history. Political leaders have, or at least should have, one objective: to uphold the welfare of the state, over which they have dominion. This, however, doesn't come without a grievous cost.

I am of the belief that political leaders have lost touch with their moral sensibilities, conflating law with what is good, virtuous, or moral. They seem to believe that law dictates morality, though it ought to be the other way around. Law is not absolute, it is a human convention. Morality may likewise be of this nature but, upon reflection, it seems to dwell closer to human nature, passions and sentiments.

I am not here to define any specific ethical or moral theory, as that may take some time. It is not always clear what is moral and what is not, which is why it has been a topic of contention among philosophers and moralists for thousands of years. I am here to say, however, that before law and policy makers execute or contrive the rules of the land, they must ask if it conforms to some standard of morality, or if they find it in agreement with their moral intuitions. This, I am sure, is not a question those in power often ask themselves.

Many laws from the past are now considered immoral and heinous--slavery, women's rights and Jim Crow Laws, just to name a few. Immigration is a sensitive topic, but it seems fundamentally immoral to shoulder the blame on immigrants, especially if they're law-abiding and educated. It's the government that needs reform. To scapegoat immigrants is fallacious and rash. But only after the crime is done, and the immigrants have been discarded and shamed, will we, just like with slavery, understand the malignity of our actions. Let's hope it does not reach that point.

The essential question still stands: Should law-makers and political leaders be strictly concerned with the welfare of the state, which may be achieved by any means necessary, or should they also concern themselves with the metaphysics of human morals, which often play a deep-rooted role in our psychology and spiritual life? In America, a so-called "Christian nation," I think it is the latter that wins the argument.

"An unjust law is no law at all." - St. Thomas Aquinas

Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
a man and a woman sitting on the beach in front of the sunset

Whether you met your new love interest online, through mutual friends, or another way entirely, you'll definitely want to know what you're getting into. I mean, really, what's the point in entering a relationship with someone if you don't know whether or not you're compatible on a very basic level?

Consider these 21 questions to ask in the talking stage when getting to know that new guy or girl you just started talking to:

Keep Reading...Show less
Lifestyle

Challah vs. Easter Bread: A Delicious Dilemma

Is there really such a difference in Challah bread or Easter Bread?

10635
loaves of challah and easter bread stacked up aside each other, an abundance of food in baskets
StableDiffusion

Ever since I could remember, it was a treat to receive Easter Bread made by my grandmother. We would only have it once a year and the wait was excruciating. Now that my grandmother has gotten older, she has stopped baking a lot of her recipes that require a lot of hand usage--her traditional Italian baking means no machines. So for the past few years, I have missed enjoying my Easter Bread.

Keep Reading...Show less
Adulting

Unlocking Lake People's Secrets: 15 Must-Knows!

There's no other place you'd rather be in the summer.

942526
Group of joyful friends sitting in a boat
Haley Harvey

The people that spend their summers at the lake are a unique group of people.

Whether you grew up going to the lake, have only recently started going, or have only been once or twice, you know it takes a certain kind of person to be a lake person. To the long-time lake people, the lake holds a special place in your heart, no matter how dirty the water may look.

Keep Reading...Show less
Student Life

Top 10 Reasons My School Rocks!

Why I Chose a Small School Over a Big University.

120253
man in black long sleeve shirt and black pants walking on white concrete pathway

I was asked so many times why I wanted to go to a small school when a big university is so much better. Don't get me wrong, I'm sure a big university is great but I absolutely love going to a small school. I know that I miss out on big sporting events and having people actually know where it is. I can't even count how many times I've been asked where it is and I know they won't know so I just say "somewhere in the middle of Wisconsin." But, I get to know most people at my school and I know my professors very well. Not to mention, being able to walk to the other side of campus in 5 minutes at a casual walking pace. I am so happy I made the decision to go to school where I did. I love my school and these are just a few reasons why.

Keep Reading...Show less
Lots of people sat on the cinema wearing 3D glasses
Pinterest

Ever wonder what your friend meant when they started babbling about you taking their stapler? Or how whenever you ask your friend for a favor they respond with "As You Wish?" Are you looking for new and creative ways to insult your friends?

Well, look no further. Here is a list of 70 of the most quotable movies of all time. Here you will find answers to your questions along with a multitude of other things such as; new insults for your friends, interesting characters, fantastic story lines, and of course quotes to log into your mind for future use.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments