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the Question of Just And Unjust Law

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where_is_the_line

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the Question of Just And Unjust Law
Posted: 11-09-04 23:24pm

There are two types of laws: just and unjust. I would agree with st. Augustine that "an unjust law is no law at all."

now, what is the difference between the two? How does one determine whether a law is just or unjust? A just law is a man-made code that squares with the moral law or the law of god. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of st. Thomas aquinas: an unjust law is a human law that is not rooted in eternal law and natural law. Any law that uplifts human personality is just. Any law that degrades human personality is unjust.

Sometimes a law is just on its face and unjust in its application.

I hope you are able to ace the distinction I am trying to point out.

Society must protect the robbed and punish the robber.
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Izzy

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Posted: 11-10-04 06:28am

So society must protect the weak from the strong!

Thats not happening the most vunrable and weak in our society are been exempt from being protected, the elderly, disabled and of course the unborn.... Whos next?
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oopoopoop

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Posted: 11-11-04 06:12am

I think what we have here are the walking undead. Go suck someone else's blood, you vampires.
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Daile

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Posted: 11-11-04 07:14am

Although I would agree that some laws are unjust, I do not believe that you're basis for determining which these are is right. You say it should be based on the moral law, or the law of god, but there is no proof that there is a god, or which god is the true god. Until someone can prove those things, there is no way to use that as a basis for qualification.

Just and unjust should be determined by fact, not religious beliefs.

Daile
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Izzy

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Posted: 11-11-04 07:50am

Dalie do you believe it is right to feed the hungry?
Cloth the naked?
Help the sick?

If yes.

Why do you believe it is right?
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Daile

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Posted: 11-11-04 07:55am

Yes, I do believe it is right to feed the hungry, clothe the naked, and help the sick. It is not because of any belief in god or morality. I believe it is right to do these things because those are people just like me. It saddens me to know that some people do not have the same opportunities as others because of where they live or how much money they have. I help people who need help because, if the situation were reversed, I would want them to help me. I know what it feels like to go to bed hungry, or to wear threadbare, stained clothes. I know what it feels like to not have shoes that fit, or money for a doctors appointment. I have lived that life, and am still living it, so when I see someone that I have the ability to help, I help them, because I don't think anyone should have the kind of life I do.

Daile
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Izzy

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Posted: 11-11-04 11:54am

So do you think society as a whole should believe these things as right?

Why?


If you do then why do you think your ideologies should be forced onto somebody else shouldnt they be able to decide what is right and wrong for them by their own experiences just as you have decided what is right and wrong for you by your own experiences?

After you have answered that we will move things on a bit.

Do you believe it is wrong to discriminate against people, steel, dishonor people, sleep with another womans husband, have intercourse without commited love etc?
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JanetBee

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Posted: 11-11-04 12:22pm

Morality is a personal thing -- it is your own behaviour. It has nothing to do with imposing rules on other people.
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Izzy

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Posted: 11-11-04 12:33pm

Janetbee thank you for your comment, I was asking dalie but I will ask you

do you believe helpping the vunrable is an honorable thing to do?
Do you believe attacking the vunrable is a dispicable thing to do?

If yes or no, what makes you think this way?
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bd1012

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Posted: 11-11-04 14:24pm

Man, no doubt, owes many other moral duties to his fellow men; such as to feed the hungry, clothe the naked, shelter the homeless, care for the sick, protect the defenseless, assist the weak, and enlighten the ignorant. But these are simply moral duties, of which each man must be his own judge, in each particular case, as to whether, and how, and how far, he can, or will perform them. – lysander spooner
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Izzy

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Posted: 11-11-04 14:35pm

Then charlie manson is an innocent man!
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2ferano

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Posted: 11-11-04 15:43pm

The elderly and disabled are not protected? Oh my god! They have more rights, assistance and benefits than any of the rest of us! What planet do you live on, really?
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Izzy

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Posted: 11-11-04 18:19pm

Really hotasfrick then I will ask you a question - a serious, serious question I dont want you to answer it on here just honestly to yourself.....

If things keep going the way they are....

Are you looking forward to growing old in this country?
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where_is_the_line

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Posted: 11-14-04 18:04pm

daile wrote:
although I would agree that some laws are unjust, I do not believe that you're basis for determining which these are is right. You say it should be based on the moral law, or the law of god, but there is no proof that there is a god, or which god is the true god. Until someone can prove those things, there is no way to use that as a basis for qualification.

Just and unjust should be determined by fact, not religious beliefs.

Daile


sorry, I forgot to mention those were martin luther king's words, excerpts from his letter from birmingham. So you're not only disagreeing with me, but martin luther king's argument used in his civil rights movement. Who ever said religious beliefs can't be based on or agree with fact? And tell me which religion mlk is specifically endorsing by those words. If you're uncomfortable with the word "god" then say the law of nature. This works because you know first hand nature exists, and logically if god exists, then god is the force behind nature.
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where_is_the_line

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Posted: 11-14-04 18:31pm

janetbee wrote:
morality is a personal thing -- it is your own behaviour. It has nothing to do with imposing rules on other people.


actually, morality is more than just personal behavior. Morality is rightness or wrongness with regards to actions or conduct as well as principles. Are laws not based on principles, or in fact principles themselves? A principle is a fundamental truth, law, etc. Upon which others are based. So morality actually does have something to do with imposing rules on other people. If you do not want to base laws, at least in part, on principles of right and wrong, then what else would you like them to be based on?
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bd1012

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Posted: 11-14-04 20:21pm

Imo.. Laws should only limit behaviors that hurt other people and infringe other people's rights. I mean if it doesnt hurt anybody else if I do heroine and it's not taking any rights away.. Then why should I not be able to do it? Not that I am some druggy or something but I am just saying. I don't care if something is morally right or wrong, if I want to do it and it doesn't cause anyone harm.. Then why not? Do we even really know right or wrong? We know what is socially acceptable as right or wrong but is it right philosophically?
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Izzy

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Posted: 11-15-04 08:31am

"laws should only limit behaviors that hurt other people and infringe other people's rights."

well thats a noble thing to say, I am pleased you agree abortion should be banned.... Welcome back bd
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bd1012

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Posted: 11-15-04 12:29pm

No izzy.. I am not talking about the unborn.. They are not people protected under the law. I am talking about laws limiting behaviors affecting people protected under law or the constitution. You can take back your welcome.
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JanetBee

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Posted: 11-15-04 12:50pm

Is it just me, or does anyone else thing the term "the unborn" is really spooky? It just implies there's a lot of zombies waiting to inhabit bodies...Weird.
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Izzy

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Posted: 11-15-04 14:51pm

Tatsp you were talking about what laws should be based on, then you say your talking about how "persons" should be based on the law!

Do any more jumping from one thing to another and squirming out of things and you will get a bad name for yourself Wink
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