Foundation for law

#1 12-14-2005, 12:54 PM

Hello. I was thinking this morning as I rode the bus on Western jurisprudence and in specific the contradiction with illegal marijuana and legal alcohol. That is NOT what I wish to discuss. Imagine, if you will, you and 1000 people are stranded on a deserted planet and must form a society. How would you decide what is and isn't legal, or what should and shouldn't be legal. Please, if you can, avoid mindless thinking like "x is bad because it's wrong". Think less along the lines or your social conditioning and more along the lines of what is the purpose behind your legal system.

I will go first. One fundamental rule should be that laws should be designed to punish those who hurt others.

jthegreat · #2 12-14-2005, 01:04 PM

You have to start with the definition of "rights". Then design laws to protect those rights.

MelchyBeau · #3 12-14-2005, 01:23 PM

I think we can stop with your one fundamental rule.

Melch

#4 12-14-2005, 01:44 PM

So law's primary purpose should be the defense of rights?

#5 12-14-2005, 02:34 PM

[ QUOTE ]
Please, if you can, avoid mindless thinking like "x is bad because it's wrong".
...
I will go first. One fundamental rule should be that laws should be designed to punish those who hurt others.

[/ QUOTE ]

Define "hurt".

I think the purpose of the laws should be to maximize the happiness of the society. Hopefully the people on the island are nice, and like other people to be happy -- that will allow the rules to be minimal, and the happiness maximized. Otherwise, there will be a lot of rules, and everyone will suffer for it.

The minimal rule for me would be: act compassionately.

#6 12-14-2005, 02:45 PM

Should we kill people who are unhappy?

#7 12-14-2005, 02:57 PM

[ QUOTE ]
Should we kill people who are unhappy?

[/ QUOTE ]

Only if they want us to. And even then, not always.

#8 12-14-2005, 03:00 PM

[ QUOTE ]
One fundamental rule should be that laws should be designed to punish those who hurt others.

[/ QUOTE ]

Should those who punish others be punished for hurting the people they punished?

Kurn, son of Mogh · #9 12-14-2005, 03:01 PM

Unless this hypothetical planet has food, water and shelter in relative abundance, intiially at least, all law should be ad hoc. I'd say the 1000 people have more to worry about than a system of jurisprudence.

Peter666 · #10 12-14-2005, 03:04 PM

The foundation for laws in a society are Natural law and Ethics.