Sunday, April 21, 2013

[PHI 2200] Morality and the Law

One answer to the question "Where do moral principles come from?" is "from God." In other words, moral principles are the expressions of God's will. This answer leads to a problem known as the Euthyphro Problem:
Is the holy holy because it is loved by the gods, or do they love it because it is holy? (Euthyphro, 10a)
In other words, suppose God commands to do X. Is X morally right because God commands it or does God command it because it is morally right? More explicitly:
  1. Either doing X is morally right because God commands it or God commands to do X because it is morally right.
  2. If doing X is morally right because God commands it, then whatever God commands is morally right (including executing rape victims and virgins who lie about their virginity).
  3. If God commands to do X because it is morally right, then morality is independent of God.
  4. Therefore, either whatever God commands is morally right or morality is independent of God.
Since the first disjunct in (4) is unattractive to many, the Euthyphro Problem is often taken to show that morality is not dependent on religion.

Now, many think that the law is a moral authority as well. That is to say, if it is legal to do X, then it is also morally right to do X. But is it? Consider the following dilemma:
  1. Either doing X is morally right because the law commands it or the law commands to do X because it is morally right.
  2. If doing X is morally right because the law commands it, then whatever the law commands is morally right (including Jim Crow laws and Nuremberg laws).
  3. If the law commands to do X because it is morally right, then morality is independent of the law.
  4. Therefore, either whatever the laws commands is morally right or morality is independent of the law.
Since the first disjunct in (4) seems as unattractive as the one in (4) from the previous dilemma, does this dilemma show that morality is not dependent on the law?

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