Morality and the Law

One of the main reasons for opposition to reforms to the drug laws both in Canada and the US is morality. It is claimed that the laws prohibiting marijuana are moral, and marijuana, like other drugs, prostitution, same sex marriage, etc is immoral. I am not going to argue this point, though I do disagree with it. What I object to is morality being used to defend the existing laws. Morality has no place in the formation of laws.

Laws exist for one purpose and one purpose only, to protect the citizens. To protect the citizens from other citizens, and to protect the citizens from the government itself. Tell me who does laws prohibiting marijuana, prostitution, or same sex marriage protect anyone. The only purpose these laws serve is to maintain a sense of morality that is held by those in charge. I know same sex marriage is now allowed in Canada, but in the US, where some of my readers reside, it is not, at least not in most states.

Laws should be amoral, that is to say laws should not worry about what is right and wrong according to any one person, but rather how to protect a citizen.

The next argument I expect to hear from those opposed to my ideas is that the laws in existence protect the citizens from themselves, the problem with that is that is a very slippery slope. The governments job is not to protect us from ourselves, but to protect us from those who would take advantage of us, from corrupt government, and from foreign forces. Anything more then that and it is government interfering in our personal lives, and thank you very much I don't want that, and I am sure you don't either.

The primary reason though that morality has no place in the law is morality cannot be clearly defined. Every single person has their own sense of morality. Sure most peoples moral codes do align pretty close on most issues, but not on all. Since the government cannot and should not mandate religion they cannot and should not mandate morality. If we lived in a theocracy perhaps there would be an argument for laws based on morality, but since (thank whatever deity you choose to worship) we don't, then morality and law are separate issues, and never the twain shall meet.

There are a host of laws which need to be seriously examined on the basis that the very reason of their existence is null and void under the assumption that morality has no place in the law.