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Title: Religion and Spirituality/Morality - Morality, Justice, and Judicial Moralism Says the worst edict that can possibly be imagined is the edict that permits liberty of conscience, the worst thing in the world. An essay on the relativity of ethics, morals, and conscience without
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Morality, Justice, and Judicial Moralism

Morality, Justice,and Judicial Moralism

The worst edict that can possibly be imagined...An edict that permits liberty of conscience, the worst thing in the world. Pope Clement VIII on the Edict of Nantes, 1598, by which King Henry IV of France declared that French Protestants, the Huguenots, were (mostly) free to practice their religion. Revoked by King Louis XIV in 1685. Whenever the offense inspires less horror than the punishment, the rigor of penal law is obliged to give way to the common feelings of mankind. Edward Gibbon ...and surely it is better for the world that men should be right from wrong motives than that they would do wrong with the best intentions. What concerns society is conduct, not opinion: if only our actions are just and good, it matters not a straw to others whether our opinions are mistaken. Sir James Frazer, Psyche's Task [1909] "...and in daily contact with her without feeling a passionate regard for her. Do you blame me, Mr. Holmes?" "I do not blame you for feeling it. I should blame you if you expressed it, since this young lady was in a sense under your protection." Sherlock Holmes, "The Problem of Thor Bridge", The Case Book of Sherlock Holmes [Sir Arthur Conan Doyle, 1927] The crucial role of self-exaltation underlies the way that those with opposing opinions are viewed. It is not sufficient, for example, to depict those who believe in preserving peace through military deterrence as mistaken, factually incorrect, illogical in their analysis, or dangerous in their conclusions. All of those things, even if true, would still leave them on the same moral plane as the anointed visionaries and would leave both subject to the same requirements of evidence and logic, as their arguments are laid before others to decide. What is necessary, from the standpoint of self-exaltation, is to depict proponents of military detererence as not "really" being for peace, as being either bloodthirsty or acting as venal representatives of special interests who desire war for their own ends. Thomas Sowell, The Quest for Cosmic Justice [The Free Press, 1999], pp. 138-139 If there were a modern Spanish Inquisition in America today, it wouldn't be Bob Jones rounding up Catholics. It would be liberals rounding up right-wingers and putting them on trial for hate crimes. The liberal Torquemadas would be smug and angry and self-righteous. And when they were done, they would proudly announce they had finally banished intolerance. Ann Coulter, Slander, Liberal Lies About the American Right [Crown Publishers, 2002], p.196 Morality can be distinguished from law or from justice according to the way in which the latter is publicly enforced and sanctioned through the power of the state, while the former is regarded as a private matter where wrongs are to the moral discredit of a person but not such as to allow legal recourse for those wronged. Complaints are often made about the absence of such a distinction, that virtue or morality cannot be or ought not be legislated, or about its presence, that the decline of private morality calls for a public and legal remedy. The distinction is real enough, and its presence reveals another boundary between polynomic domains of value. The difference between morality and justice comes not from the difference between actions and consequences (as between morality and euergetic ethics) but from the difference between motives and actions. As Kant noted, the worth of moral action is in the intention, not in what is actually done. The imperative of morality is first of all to act with good will. Even the best of good will, however, does not necessarily produce right action -- the saying is that the path to hell is paved with good intentions. And even ill will does not necessarily produce wrong action -- it is really an ad hominem fallacy to evaluate an action on the basis of an agent's motive. The estimation of justice does not primarily concern intentions but what actually is done. There is no breach of justice unless some wrong of negligence, violence, or fraud has been committed (in law the actus reus). Intention then may become an issue in judging the culpability or severity of the wrong (the mens rea), as between various degrees of murder, where intention, malice, and forethought progressively increase the severity of the crime (to voluntary manslaughter, second degree murder, and first degree murder, respectively). If no wrong is committed, then it is not an issue of justice and motives are irrelevant. Even undoubted wrongs of action may be "merely" moral if they are not very severe or are intrinsically difficult to prove: willful breach of an informal, oral promise for no good reason will always be a moral wrong, but only if some serious financial loss (or damage to public standing) or physical (or even severe enough psychological) injury results will it be a breach of an actionable "oral contract" and so a judicial wrong. Breach of promise will always be morally actionable in the sense of voiced moral reproach or damage to personal relationships. ETHICS MORALITYEuergetic Ethics, the good and the bad: non-moral worth in human life, the good of teleological ethics, the worth and meaning of life -- things good-for-us: Hortatives --exhortations WILLMorality of actions, right and wrong: ethics of justice; evaluation of actions in their own right; causes of judicial penalty and retribution: Imperatives -- commands Morality of intentions, good and ill will: ethics of intention and virtue; moral evaluation of intentions; "mere" morality: Imperatives -- commands Benevolence Right Good
 

Says

the

worst

edict

that

can

possibly

be

imagined

is

the

edict

that

permits

liberty

of

conscience,

the

worst

thing

in

the

world.

An

essay

on

the

relativity

of

ethics,

morals,

and

conscience

without

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Morality, Justice, and Judicial Moralism 2008 July

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Says the worst edict that can possibly be imagined is the edict that permits liberty of conscience, the worst thing in the world. An essay on the relativity of ethics, morals, and conscience without

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