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Your post said that the purpose of the state was to protect life, liberty, and the pursuit of happiness, and also to reflect the will of the people. Beyond that you mostly talked about potential abuses of the state's monopoly on violence. (I'm not interested in the state's actions here, just those of the people.) So I'm really left with four maxims for the state from your post:
1. The state should protect the lives of its people.
2. The state should protect the liberty of its people.
3. The state should protect its people's pursuit of happiness.
4. The state should reflect the will of the people.
But I find these to be both too much and too little. #4 can easily contradict the others, and the first three can also contradict themselves. Of course each principle can even contradict itself, when people's rights collide.
Further, I'm extremely wary of using #4 as a basis for an ethical theory. I'd like an ethical theory that says that slavery is wrong, even if it's popular.
Importantly, though, these principles don't seem to address the questions I want to address. Should theft be illegal? Does the thief's desire for liberty and pursuit of happiness (no jail and the ability to steal, respectively) trump the people's will to ban theft? I can't appeal to a common notion that stealing is wrong because that's precisely what I've set out to justify (in this example). What if I want to consider whether downloading copyrighted music is OK, or jailbreaking an iPhone?
SW VandeCarr said:The assumption is that the purpose of the democratic state is to protect our "life, liberty and pursuit of happiness" by instituting and enforcing a social order that reflects the will of the people. To that end, we give the state a monopoly on violence to be used only to enforce just laws to maintain a social order that provides greatest benefit to the greatest number of people and guarantees everyone "certain inalienable rights."
The problem then is when the state is seen to abuse this monopoly. The calculus is that the state should use violence/coercion only to the extent that is justified to bring violations of the social order into balance. If someone does something 'bad' by breaking a law they should be punished and the victims compensated only to the extent of rectifying the violation. Too much, and the state becomes abusive. Too little, and society tends toward anarchy.
My example is intended to show that even when the state appears to achieve this goal, our idea of justice may or may not realized. In this example enforcement of contracts and property rights is seen as a social good. I simply ask if you think that when the laws to protect these social "goods" are properly enforced, the result is really compatible with some of idea of justice (which is presumed to be "good"). I didn't say that the outcome was 'bad'. At best it was neutral which is what is it should be. The social balance was restored after it was violated. But are you happy with the outcome? Maybe it's not so simple. Maybe your question doesn't have an obvious answer.
SW VandeCarr said:Do you want to go deeper than I did in post 55? I referenced the general principles that were set forth in the US Declaration of Independence and the Bill of Rights. Assuming a functioning democracy carries out the will of the people, these concepts, and the laws based on them, would seem to come into play because they reflect some basic and widely held views on the ways humans should behave.
Your post said that the purpose of the state was to protect life, liberty, and the pursuit of happiness, and also to reflect the will of the people. Beyond that you mostly talked about potential abuses of the state's monopoly on violence. (I'm not interested in the state's actions here, just those of the people.) So I'm really left with four maxims for the state from your post:
1. The state should protect the lives of its people.
2. The state should protect the liberty of its people.
3. The state should protect its people's pursuit of happiness.
4. The state should reflect the will of the people.
But I find these to be both too much and too little. #4 can easily contradict the others, and the first three can also contradict themselves. Of course each principle can even contradict itself, when people's rights collide.
Further, I'm extremely wary of using #4 as a basis for an ethical theory. I'd like an ethical theory that says that slavery is wrong, even if it's popular.
Importantly, though, these principles don't seem to address the questions I want to address. Should theft be illegal? Does the thief's desire for liberty and pursuit of happiness (no jail and the ability to steal, respectively) trump the people's will to ban theft? I can't appeal to a common notion that stealing is wrong because that's precisely what I've set out to justify (in this example). What if I want to consider whether downloading copyrighted music is OK, or jailbreaking an iPhone?