Tuesday, January 1, 2013

Criminalizing Immorality

"It has never been the position of the Church, or of any reasonable person, I daresay, that just because something is immoral, it should therefore be illegal," says LewRockwell.com's Ryan McMaken, arguing his case by quoting "Saint Thomas Aquinas and Saint Augustine, both of whom concluded that the immorality of prostitution was not sufficient to justify a prohibition of the practice by civil governments" — Catholic Theologians: Prostitution Should Be Legal. (An important aside Mr. McMaken makes is that "there was no 'state' as we know it in the 13th century," putting the paleo- in paleolibertarianism.)

The Anti-Gnostic, quoted by Steve Sailer, makes a similar point arguing a different case, saying, "The War on Drugs needs to be ended in order to deprive criminals of their funding" — The War on Drugs. "If drugs were the root cause, college campuses would be filled with the same kinds of violent turf battles, gun fights, beheadings, etc." Mr. Sailer makes an important caveat, however: "My main concern would be that legalization might wind up unleashing the full power of American marketing and logistics on selling drugs." The same could be said of prostitution.

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3 Comments:

Blogger 장흥저널 Jangheung Journal 長興日報 said...

I've often wondered what legalization could lead to. Often times the slogan, even among libertarians, is legalization and regulation. But I think the same could be said of liquor and gambling. In Ontario where I'm from, both are regulated by the government, probably out of some once-pious attempt to limit an evil.

But now social mores have changed and the government is still in charge. So it is actively promoting those things. Where would the government be without revenue streams from the LCBO, gaming and the lottery?

Could a similar thing happen with drugs and prostitution? Could the government turn into everyone's dealer and pimp?

January 2, 2013 at 5:09 PM  
Blogger love the girls said...

"Ryan McMaken, arguing his case by quoting "Saint Thomas Aquinas and Saint Augustine, both of whom concluded that the immorality of prostitution was not sufficient to justify a prohibition of the practice by civil governments""

To the contrary, St. Thomas wrote specifically that the purpose of the law was to cause right moral action either by moving the will to right action, or by the lesser good of causing right action by fear of punishment.

January 6, 2013 at 6:30 PM  
Blogger love the girls said...

adding on the example of laws on prostitution was to explain how the law was ordered to the greater good, and that sometimes a society is so corrupt that some laws that should otherwise be enforced, cannot be enforced because the enforcement would cause more harm than good.

Of which it should be noted that what prevents the enforcement of the law, is not that morality should not be enforced, but that in this particular circumstance, it should not be enforced.

Lew Rockwell should stay away from comments on the Faith because he invariably gets it wrong.

January 6, 2013 at 6:37 PM  

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