So Garfield1966 and I had a brief discussion on another post that got me thinking about "legislating morality". In fact, it got me thinking about the whole purpose of government. Then, by chance, I had a conversation with a Libertarian talk show host on Saturday night (I talked to him at a Halloween party). That also got me thinking and reading.
Here are a couple things that I've found:
1. The proper function of government is limited only to those spheres of activity within which the individual citizen has the right to act.
Think about this--if I don't have the right to go and force my neighbor to give money to the poor, then the government can't do so (through welfare, free health care, etc.). It is an individual's responsibility to determine whether he will give charity or not. If the govt has more powers than the people, then we have created a monster more powerful than the master.
2. Humans have God-given rights.
It's important to remember that our rights are Divinely given, and are not given to us from the government. If they were given to us from the government, the govt could take them away.
Also, I think that separation of church and state means that the govt should not support one single religion, but if the govt takes God out of everything (which is the current trend), then we seemingly no longer get our rights from God but from the govt--it takes away the foundation.
3. Given the above, THE PURPOSE OF GOVERNMENT IS TO PROTECT US AGAINST LOSS OF LIFE, LIBERTY, AND PROPERTY, both against foreign despots and domestic criminals.
So given this framework, I can't justify a minimum wage (Arizona is about to raise it), welfare, grants to scientists, and a bunch of other garbage our govt meddles with. And others can't justify "legislating morality".
However, a clearer definition of "legislating morality" is needed. In fact, I have a hard time thinking of laws that are only legislating morality.
For example--
* Gay marriage seems to be about morals. But what would happen if there were only gay marriages? Within one generation we wouldn't exist. Perhaps gay marriage shouldn't be allowed because it protects LIFE.
* Smoking marijuana seems to be about morals. But what about parents who smoke around their kids? The govt should protect the kids' lives.
ETC.
I'd like to hear others' thoughts on what I've outlined above. I didn't come up with all of this stuff, but I think I believe it. Reading this and talking to the libertarian have certainly given my thoughts on the role of the government a good shaking.
Here are a couple things that I've found:
1. The proper function of government is limited only to those spheres of activity within which the individual citizen has the right to act.
For nobody can transfer to another more power than he has in himself, and nobody has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another. (John Locke, Two Treatises on Civil Governemtn, II, 135)
Think about this--if I don't have the right to go and force my neighbor to give money to the poor, then the government can't do so (through welfare, free health care, etc.). It is an individual's responsibility to determine whether he will give charity or not. If the govt has more powers than the people, then we have created a monster more powerful than the master.
2. Humans have God-given rights.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. (Thomas Jefferson, Declaration of Independence)
It's important to remember that our rights are Divinely given, and are not given to us from the government. If they were given to us from the government, the govt could take them away.
Also, I think that separation of church and state means that the govt should not support one single religion, but if the govt takes God out of everything (which is the current trend), then we seemingly no longer get our rights from God but from the govt--it takes away the foundation.
3. Given the above, THE PURPOSE OF GOVERNMENT IS TO PROTECT US AGAINST LOSS OF LIFE, LIBERTY, AND PROPERTY, both against foreign despots and domestic criminals.
The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings, capable of laws, where there is no law there is no freedom. For liberty is to be free from restraint and violence from others, which cannot be where there is no law; and is not, as we are told, “a liberty for every man to do what he lists.†For who culd be free, when every other man’s humour might domineer over him? But a liberty to dispose and order freely as he lists his person, actions possessions, and his whole property within the allowance of those laws under which hi is, and therein not to be subject to the arbitrary will of another, but freely follow his own. (John Locke, Two Treatises on Civil Government, II, 135)
So given this framework, I can't justify a minimum wage (Arizona is about to raise it), welfare, grants to scientists, and a bunch of other garbage our govt meddles with. And others can't justify "legislating morality".
However, a clearer definition of "legislating morality" is needed. In fact, I have a hard time thinking of laws that are only legislating morality.
For example--
* Gay marriage seems to be about morals. But what would happen if there were only gay marriages? Within one generation we wouldn't exist. Perhaps gay marriage shouldn't be allowed because it protects LIFE.
* Smoking marijuana seems to be about morals. But what about parents who smoke around their kids? The govt should protect the kids' lives.
ETC.
I'd like to hear others' thoughts on what I've outlined above. I didn't come up with all of this stuff, but I think I believe it. Reading this and talking to the libertarian have certainly given my thoughts on the role of the government a good shaking.