| >> | >>184092 Perhaps I choose my words badly. Braking the law is not economics, where the sanction is just an opportunity cost. rather, law is part of the social contract where we transfer part of our freedom (freedom to kill others) to the freedom not to be killed by others.
>Do you believe that breaking the law like this (avoiding negative sanctions that the law says you must suffer, and/or obtaining positive sanctions that the law says you must not receive) is ever morally justifiable?
So the question basically is, is freeloading morally justifiable? It's a hard question. On the other hand, some rights are universal (thanks, Kant), and should be in every social contract, like the absolute human rights, and states obligation to provide them. This, however, is just my morals (I agree with kantian liberalism in some cases). If I think, that public humanitarian law is good and everybody else agrees, then I guess we would have social contract of all humanity.
On the other hand, some laws (states, as they enforce the laws) are bad as some humans are bad. Morals how ever are not ideals outside, but rather inside in person. If someone can justify to himself his actions, and goes within his own morals, every breach of law is morally justifiable. If ones own moral says, that this action is moral even though it's against the law, it's really just matter of persuasion to make others believe that yes, that's exactly how it is. Real life example: If law says that smoking pot is wrong, but your morals (your feel) says that it's not, braking the law without sanctions is morally justifiable.
People however are different. What suits for one, might not suit for the other. Let's say someone (hard to think of good example, using heroine, fapping to child porn, living in communist society) says that it should be a categorical rule for whole humanity, well, I guess at some point we would be either allowing everything OR allowing something and banning something. But if someone has a need to do these things that his own moral allows but society prohibits, well, there's the clash. Social contract is more about contract, and as long as the society stays free, everyone can understand that … Comment too long. Click here to view the full text. |