Legislation must have a basis in philosophy

Reply Fri 10 Aug, 2012 01:23 am
Legislation is not something that parliament can create at random. It must have a basis in philosophy, even if that is only the philosophy of the moment and current majority or dominant opinion.
If we have legislation for Equality, this is not a philosophy but merely a single fairly meaningless value.
A few populist values may be selected and paraded as a philosophy, while being nothing more than cynical political opportunism or naivety.
Instead of philosophy, the term end-value might better be used. Since ethical end-values are philosophies which need working up. [It requires some initial philosophical insight in order to identify end-values]
In a society that serves 'god' or the 'state' as a master, the question of equality does not arise. People will be treated according to the rule book, with equality a matter for pedants and not philosophy.
In society that is free from such tyranny, and in which 'god' is identified with ethical values, there are two essential end-values.
One is based on indulgence of the individual, with equality meaning anything that suits his desire, so long as it does not interfere with other egos. [In Australia women it seems can ply the 'trade' of prostitution in motels as of right. Women can now take part in Olympic boxing. Gays can marry.]
The other end value is that of people having the right to do all those things that benefit themselves and society treated holistically, according to their ideal nature. [This is more unlikely because it requires intelligent imagination. Is prostitution good for society, and does it degrade the sensibilities of those involved?]
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mark noble
Reply Sat 11 Aug, 2012 12:39 am
Whether it degrades the individual - Only the individual can say.
As for societally - We would need to draw comparisons over millenia of those with and without and somehow exclude other variable degradations.
Personally, we don't have time or historical reference on our side.
It keeps lust in a controlled environment and allows for promiscuity - pros and cons, depending on view..??
I am neither for or against, pretty much view society as it does me...could end tomorrow or not for all I care:)
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