For my Canadian friends

Governments do decide whether something is legal or not - after all, they're the ones that pass the applicable laws.

That said, the simple fact that something is legal doesn't mean it's ethical (morally right if you prefer).

The reason I disagree, is not only because governments violate the basic principles of legal justice sometimes, but that we have prosecuted those who we consider guilty of war crimes like those simply "following orders" in WWII.

Since they were prosecuted and executed, what they had done then could not have been legal.
There has to be higher standards than mere legislation.
Because if we use legislation as the standard, then there were no prosecutable war crimes in WWII.
 
"But there is a huge danger in allowing government to dictate right/wrong." R5 #780
The distinction the ancients made:

malum in se: evil; wrong by itself

malum prohibitum: wrong by prohibition

There's a huge danger in government dictating malum in se. Murder is bad, we don't benefit from government confiscating taxes from us, and then telling us otherwise. Conversely
there's a huge danger in government NOT attending to the public safety demands imposed on it by maintaining "domestic tranquility", the term used in the Constitution's preamble.
If government fails in this fundamental public safety obligation, the consequence is practical anarchy.

"And then only 30 years later we illegally murder a half million Iraqi, as if we had learned nothing from Vietnam." R5 #780

This is the tragic, horrific distinction between individuals, and cultures.
Individuals can remember, particularly the combat vets that have applied a tourniquet to a friend's leg,
knowing it may save the friend, but is sure to lose the leg.

The handicap of cultures is, they have to re-learn these ghastly lessons, as we've been warned:

Those who do not learn from history are destined to repeat it. attributed variously, inspired by George Santayana / The Life of Reason (1905)

"We learn from history that we do not learn from history." Hegel

"Mankind must put an end to war, or war will put an end to mankind." JFK

"Only the dead have seen the end of war." Plato
 
The distinction the ancients made:

malum in se: evil; wrong by itself

malum prohibitum: wrong by prohibition

There's a huge danger in government dictating malum in se. Murder is bad, we don't benefit from government confiscating taxes from us, and then telling us otherwise. Conversely
there's a huge danger in government NOT attending to the public safety demands imposed on it by maintaining "domestic tranquility", the term used in the Constitution's preamble.
If government fails in this fundamental public safety obligation, the consequence is practical anarchy.



This is the tragic, horrific distinction between individuals, and cultures.
Individuals can remember, particularly the combat vets that have applied a tourniquet to a friend's leg,
knowing it may save the friend, but is sure to lose the leg.

The handicap of cultures is, they have to re-learn these ghastly lessons, as we've been warned:

Those who do not learn from history are destined to repeat it. attributed variously, inspired by George Santayana / The Life of Reason (1905)

"We learn from history that we do not learn from history." Hegel

"Mankind must put an end to war, or war will put an end to mankind." JFK

"Only the dead have seen the end of war." Plato

The idea being that to deter acts of evil, there has to be the threat of punishment.
And that can not just be limited to average citizens, but then must also apply to legislators when then deliberately cause harm.
So what is legal or not can not be arbitrarily based solely on written legislation.
Legislation that is intentionally contrary to civilized ethics must also face the same deterrent if we want a civilized society.
 
"The idea being that to deter acts of evil, there has to be the threat of punishment." R5 #784
Within a population exceeding 100 million, there are sure to be some that are deterred by threat of punishment.
Probably not 100% though.
So what deters the rest?

Morality?
Self-image?
Reputation?

"Legislation that is intentionally contrary to civilized ethics must also face the same deterrent if we want a civilized society." R5 #784
?
I've reread this several times. ?
You mean, malum prohibitum should mirror, address malum in se?
 
The reason I disagree, is not only because governments violate the basic principles of legal justice sometimes, but that we have prosecuted those who we consider guilty of war crimes like those simply "following orders" in WWII.
In that case the individuals in question were being prosecuted under a legal system supported by a different government than the one who issued the orders they "were following".
 
Within a population exceeding 100 million, there are sure to be some that are deterred by threat of punishment.
Probably not 100% though.
So what deters the rest?

Morality?
Self-image?
Reputation?


?
I've reread this several times. ?
You mean, malum prohibitum should mirror, address malum in se?

I am not a Latin expert, but I don't think that fits.
I think what malum in se means is the acts is obviously criminal, like rape, murder, robbery, etc. due to a gross violation of rights.
I think what malum prohibitum means is that acts that would not normally be considered wrong individually, can become prohibited in order to make a society better organized, like parking tickets.

What I means is that "no one is above the law".
That includes legislators.
The actual law is not mere legislation, but a higher abstraction, based on what is necessary in order to defend inherent individual rights.
When legislator violate inherent rights, like segregation, Prohibition, etc., then they too must be punished, or else you have an evil dictatorship.

If you allow mere legislators to be the top of the legal hierarchy, then not only are the legislators illegally "above the law", but then you can't convict those who are "just following orders" anymore.

The abstraction that justifies any legislation has to be obvious, or the legislation itself has to be illegal.
Legislation is not self justifying, but must be able to show how the legislation is necessary in order to defend the rights of others.
That is because the legal authority for the legislation comes from the authority those protected by the legislation, that they dispatch and delegate to the legislators.
It is those protected by legislation who provide the authority of the legislation, not mere legislators who pen it.
What I am saying is that legal authority does not come from mere legislators but from those protected by their legislation.
 
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"I think what malum in se means is the acts is obviously criminal, like rape, murder, robbery, etc. due to a gross violation of rights." R5 #787
I believe your definition is correct.
I believe claiming there's a substantial divergence between yours & theirs is incorrect.

I think of malum in se as intrinsic evil, your examples are as good as any.

"I think what malum prohibitum means is that acts that would not normally be considered wrong individually, can become prohibited in order to make a society better organized, like parking tickets." R5 #787
Think utilitarianism. Parking shouldn't be a problem. BUT !
Parking in the middle of an otherwise busy intersection can keep workers from their jobs, ambulance patients from life-saving rescue, etc.

Parking & blocking a fire hydrant may seem harmless enough with no conflagrations or fire trucks in sight.
But leaving firefighter access to the hydrant benefits society.

For me the obvious malum prohibitum example is Drug War.
It's bad because we say so, even though for most of human history there was no such prohibition, and we did just fine.

"What I means is that "no one is above the law".
That includes legislators." R5 #787
Nemo Est Supra Legis: No one is above the law.

The ancients were not stupid, they were technologically primitive.

"The abstraction that justifies any legislation has to be obvious, or the legislation itself has to be illegal." R5 #787
🪢
 
I believe your definition is correct.
I believe claiming there's a substantial divergence between yours & theirs is incorrect.

I think of malum in se as intrinsic evil, your examples are as good as any.


Think utilitarianism. Parking shouldn't be a problem. BUT !
Parking in the middle of an otherwise busy intersection can keep workers from their jobs, ambulance patients from life-saving rescue, etc.

Parking & blocking a fire hydrant may seem harmless enough with no conflagrations or fire trucks in sight.
But leaving firefighter access to the hydrant benefits society.

For me the obvious malum prohibitum example is Drug War.
It's bad because we say so, even though for most of human history there was no such prohibition, and we did just fine.


Nemo Est Supra Legis: No one is above the law.

The ancients were not stupid, they were technologically primitive.


🪢

I am willing to go out on a limb here and say the War on Drugs is inherently illegal.
While I do not necessarily claim the motivation by the legislators was inherently evil, I believe they were mistaken to pen drug laws.
The reason being that I believe people have a right to do things that may be detrimental to themselves, as long as they do not harm others.
Like skydiving, mountain climbing, scuba, motorcycle racing, etc.
I do not believe legislators have any legal authority to protect people from themselves.
And actually drug laws are what cause all overdose fatalities, since it is being illegal that causes drugs to be made in higher concentrations so they will be easier to hide.
And the fact they are illegal is what prevents safe dose labeling.
I also believe drugs are a medical problem police are incapable of properly handling, and they turned it into a money maker instead.
I know people whose homes have been confiscated by the police.
 
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