Legislating Morality

Tony Isaac, May 16, 2006

You've probably heard a statement like this: "You can't legislate morality."  It is usually used by people who oppose laws restricting sexual behavior.  "It's none of the government's business what people do in their own bedrooms," they say.

What is morality?

Morality is a system of principles of right and wrong behavior.[1]  It defines what behavior is acceptable, and what is not.  Some moral codes are universally accepted, while others vary from region to region.  For example, nearly everyone agrees that murder is morally unacceptable.  In other areas, such as fair use of copyrighted works, there is little agreement, and much confusion, about what is acceptable and what is unacceptable behavior.  But whether the principles are well understood or not, they fall into the category of morality.

What is legislation?

Legislation, or the enactment of laws, is the formal set of rules that govern behavior that is acceptable or unacceptable.[2]  They provide a set of rules that are enforced by a governing body, and a means for redress when the rules are broken.  Some laws are well understood, while the effects of others are known only after they have been tested in court.  But all fall into the category of legislation.

All laws "legislate morality"!

Laws literally formalize the moral codes of a society.  It is true that some laws deviate from the moral codes of some individuals within a society, and sometimes, universally accepted moral codes.  But at their core, the function of legislation is to express and enforce the morality of a civilization.

We certainly can and do legislate morality.  Those who protest are, like children, simply complaining because they want to do what they want to do, and are upset when someone tries to stop them.

Copyright © 2006 by Tony Isaac