The Nehor wrote:Bardman wrote:The law is what we humans use in a civilized society to determine what is and is not socially acceptable behavior. It originates in our history, our commen sense and common experiences. It defines how we as people want to live and how we should treat each other.
In the absence of a society where everyone acts in a socially acceptable manner simply because to do so is right and moral, the law is a pretty good substitute. Since there are those who don't care for society as a whole, and have no regard for morality, fear of legal consequences for criminal behavior is what we use to keep such people in line.
I don't think there's anything overly simplistic about it. And if there is, what do you propose we use instead? Assuming, of course, you're not going to say something like, "We could all follow the teachings of Christ." That's precisely the reason we have laws. People don't treat others as they would like to be treated themselves.
I think the law is a poor substitute for moral behavior. It functions as a last-ditch backup more then anything else. However, I wasn't speaking about coming up with an effective way to alter society. I was wondering how we as individuals choose our actions based on their effects on others and whether as a society we should have standards in this area (not legal ones, social ones).
You can't separate the law from society or morality. Legal behavior by definition is moral behavior. It is the behavior society has deemed to be correct and of value. The law is nothing more than a codification of what we as a society think we ought to do in order to preserve order and freedom in our society. It is based on our common sense of morality. It is also based on the idea that we as a society have agreed that we should work together to preserve order, instead of allowing each person to decide how to do that for himself. Anti-social behavior damages the whole society, and by placing legal limits on behavior, society as a whole prevents the chaos that would ensue if each person acted independently to curb anti-social behavior.
The idea of social consequences instead of legal consequences is too fuzzy. What do you mean by that? If a person is a jerk, nobody invites him to parties anymore. That is a social consequence. But if a person infringes on the rights of another, society as a whole is hurt, as well as the individual victim. Since this is the case, society as a whole takes action through the legal system.