• cucumber_sandwich@lemmy.world
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    1 year ago

    It absolutely does imo, it legitimises itself through an appeal to an underlying moral framework.

    Yes, but very indirectly. We don’t have a “moral police”, but one that enforces laws which are, as you say, legitimized by the people as a sovereign.

    So you don’t see police stopping people on “moral grounds” in some vague interpretation.

    • brain_in_a_box@lemmy.ml
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      1 year ago

      You misunderstand me fairly severely. I did not say that the state enforces “moral law”, or anything even close to that.

      I said that the state maintains that it is moral for it to enforce law at all. Because generally speaking, it is not considered moral to unilaterally compel people, with violence if necessary, to behave in ways they do not agree to, and to not believe they should have to.

      • cucumber_sandwich@lemmy.world
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        1 year ago

        Usually codified by lawy not prosecuted as “immoral behaviour” as such. Although if you look at recent anti-abortion legislation in the US it is intentionally vague. That shifts some burden of interpretation to the executive branch and is a sign of authoritarianism I’d say.

        • brain_in_a_box@lemmy.ml
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          1 year ago

          It sounds like your definition of authoritarianism is based entirely on whether you personally agree with the laws being enforced by the authorities.

          • cucumber_sandwich@lemmy.world
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            1 year ago

            No, it’s about the legitimization of law, the legitimization of use of power, checks and balances and unconditional human rights.

            • brain_in_a_box@lemmy.ml
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              1 year ago

              All of those are just different ways of saying that it’s what you agree with. The law is legitimate based on what? Whether you agree with it. Which set of human rights are unconditional? The one’s you personally like. I don’t see any countries that respect the unconditional right of all humans to the earth’s commons - the collective inheritance of all mankind - but because you don’t care about that right, it doesn’t factor in.