@Arjuna,
Arjuna wrote:
Fido wrote:
All morality is based upon emotions, primarily based upon pre rational bonds between child and mother which is where we get our sense of nation, for natal, navel... You must see the connection between ethics, and ethnic, or are you blind... And you must know, that all rational areguments have the target of individual good, that is, a certain fixed perspective; that his is not true of morality for which only the most general and infinite definition of good is evident...
Thanks Fido. You said it.
Logic isn't transperspective. It only works when anchored to a single viewpoint. That's evident in the fact that it doesn't admit contradictions, right?
I always think of Othello regarding emotion and morality. Logic can't condemn Iago. The heart does it easily.
So the law court is a picture of interaction between the mind and heart. The mind draws in facts and relationships. The judge is an image of the heart... the part of us that doesn't get tangled up in argument. But it's the fact that emotion can act without understanding that makes it important to temper it. So withdrawing to the courtroom is a way to suspend action and search for understanding prior to judgement.
Unfortunately, and this is born out by English judicial pronouncements; The courts only decide upon guilt or innocence, and the penalties for crimes... They do not decide issues of justice, but instead allow parlement, or the legislature to make the law... In this the court is wrong since law is a species of justice and so the court should always ask after justice to make certain they are not punishing the virtuous for the crimes of the bastards who make the law...
Your casting of emotions and reason as sides in a courtroom is appropriate enough, since morality is neither good nor bad, but only what it is, and so it can only be judged by its offspring, by the good or evil that comes out of it...The problem with law in fact is that it demoralizes everyone... In primitive times, outlaws were driven from their communities, and today the community is driven into the wilderness... Individualism is criminalism, and morality is community, but law breaks down the power of community to judge and punish their own, or to defend their own, so the obligations of community become onerous....Without the support of community morality law finds itself powerless, and so it demands more and more of power with less and less of results... Between the criminals in pens, and the citizens imprisoned by fear are the cops who are the only ones free... Law is a racket we all pay for and get little from...I do not think we were better off with blood feuds, but we were all more in control, and justice was individualized...