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Old 09-07-2019, 02:34 AM
Little Nemo is offline
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Join Date: Dec 1999
Location: Western New York
Posts: 82,480
Originally Posted by OldGuy View Post
And even if those promoting the laws try to argue it is on a moral ground, I don't believe it falls within your original idea that "law is just a codified expression of our moral consensus." Apparently 90% favor background checks. That sounds like a consensus to me. 60% of Americans say that Health Care the government's responsibility - consensus if not quite so big. Two-thirds of Americans support legal status for the "Dreamers". Americans oppose Trump's wall 56% to 38%. I would say each of those is a moral position that is not being enacted into law.
I believe laws derive from moral beliefs. Which means it takes time for a moral belief to grow and become widespread enough for it to be reflected in laws. This is especially true because moral beliefs can be vague and contradictory. It can take time for society to reach a consensus on how a general moral belief applies in a specific case or to work out a resolution between conflicting moral beliefs.