During the 2004 Presidential Debate between George W. Bush and John Kerry campaign a young female college student asked John Kerry about abortion and his political position on this issue. Kerry responded first by asserting that he is a Roman Catholic and that he did not endorse or feel good about the practice; but he added that he also believed that “articles of faith”, by which I presume he meant a religious belief about the moral status of abortion, are not matters of legislation or law (a position I fundamentally agree with). Kerry’s response seems to assume that morality, or at least morality based on religion, should not be a part of law; however, it also appears to me that it is difficult to imagine where law would derive its power if not from some kind of (religious?) moral basis. I have been trying to see how Kerry’s comment is intelligible in light of the dilemma of how laws would have any kind of power, or that there would be any justification for their authority, without some kind of moral...
The question "What is the basis of morality?" is obviously an extremely difficult one, and it can sometimes seem as if there are as many answers to that question as there are philosophers who have thought about it. Or maybe more. But I take it that the questioner's central worry is whether there is any real possibility that law might not "derive its power...from some kind of (religious?) moral basis". And that is quite a different matter. There are, I think, two important things to say about this. First, it's not at all clear that religion is capable of providing the kind of basis for morality that is sought. This is often regarded as one of the central points of Plato's great dialogue Euthyphro . There, Socrates poses the question, whether what is good is good because the Gods will it, or whether the Gods will what is good because it is good. And his point is that neither answer is very happy. If what is "good" is good only because the Gods will it, then even torturing babies for fun would be...
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