javert wrote:Didn't you just agree with me? You wrote that the law responds to public opinion ("sudden outcry").
I'm not sure who I was responding to. If you had suggested that the law reflects public opinion, then I agree in part, but I was creating a distinction between rational, long-held opinion and opinion as a product of a wave of mass hysteria. Sometimes laws are passed because they're vote-winners, and pandering to public hysteria is an essential instrument in the politician's toolkit.
javert wrote:Sure, but if legislation does not have considerable public support, is it likely to be followed? That's why I gave the example of movie piracy. We're not arguing about the ways laws can be used, but about whether people decide what's acceptable based on laws. I say they don't; they primarily decide what's acceptable based on the community's opinions and values.
Followed or passed? I think you (or someone else) was suggesting that law is merely a reflection of public values. If that's the case, a law would be passed once a certain critical mass of public support welled up, and a majority of people would agree that that law was right and would (hopefully) abide by it.
I do agree with your 'primarily decide what's acceptable based on the community's opinions and values', but I also think a community's opinions and values are in turn steered by law. Law can be often be looked to (and referred to) as a written document of moral principles, lending credence to those principles, bolstering them, and in turn deriving credence from them. It's a two-way process, in other words. Law is a reflection of a community's opinions and values, and a community's values and opinions are steered by the law. A sort of Hegelian dialectic.
Of course, law and morality are not one and the same, but
javert wrote:As evidence of this, take this forum. Its members here have ideas of what's acceptable based on the opinions and values held in this subcommunity. Clearly your (in the collective sense - I'm not singling anyone specific out) idea of right and wrong is not garnered from laws and the current age of consent.
The moral framework that is closest to my own is emotivism: I believe that labels like 'right' and 'wrong' merely reflect how people feel about things, how they want to be treated, how they want those they love to be treated, what kind of society/world they want to be part of, etc. The so-called boo-hurrah theory. Though I wouldn't go so far as to say moral utterances are meaningless beyond this.
So I would say that morality on age of consent laws reflects how people feel about sexual activity with young persons. However, as 'young persons' is a label with no clearly delineated object (where do you draw the line and why?), we enter a grey area in which people are forced to look to outside sources to help make up their minds. The law is one handy reference point, and the shrill tenor of journalistic coverage of underage sex is another, encouraging us to see the law as a moral absolute. Indeed, I would contend that our discourse is most shrill where such 'undecidables' (to borrow a Derridean-type concept) threaten social order and cohesion. We can't (indeed, don't) agree on where we should ('should' referring here to a moral imperative) draw the line when it comes to what constitutes young persons (as evidenced by the very different ages of consent around the world), and sexuality is very powerful, so we are forced to ramp up the rhetoric to ensure people are more likely to toe the line and not question the moral absolute that surely only the age of consent law can stand in for. What else would embody it when we need a concrete number for people to latch onto?
In summary, then, my point is that law is steered by morality/opinion/values and vice versa.