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Sunday, August 24, 2014

The Difference Between "Legal" and "Right"

The Difference Between "Legal" and "Right"

Many (most) people in our society fall into the is/or trap. Upright apes are disoriented and choosing a side is the psychological version of holding on to a rail to not fall down, but it's only grasping for illusions.

Many people make the mistaken assumption that just because something is legal it must be right. As an example, George Zimmerman got away with murder based on a legal loophole that allows an armed person to defend themself from an unarmed attacker. However, if we take a close look at the Travon Martin killing we can easily see the logical fallacy of that law. It isn't self defense if the person you are defending yourself from is defending themself from you.

In another example, we often see the police grabbing people, and that grabbing is usually considered lawful action based on the person's reaction. But we must consider the initial action, even if it was legal, was it right? If a person is grabbed by a police officer and instinctually pulls away in self defense it is often considered "resisting arrest", but is a natural reaction an intentional resistence? Many people who have done nothing wrong get grabbed by the police, pull away instinctually, and then get arrested for "resisting arrest". It's often lawful, but it isn't always right. We must redefine the term "resisting arrest". We must also make sure that laws fulfill their purpose only. Contexts of circumstances must be considered.

Law constantly changes, and so does a society's sense of what is right. Decent conduct today may have been more or less appalling hundreds of years ago. It is important to change laws to better fit the constant changing of what is right.

"It is not desirable to cultivate a respect for the law, so much as for the right."
-Henry David Thoreau

It is also true that what is illegal is not always wrong. There are many people who foolishly think that simply following the law is right. The reality is that laws are not always right, sensible, or moral. For example, marijuana use is illegal, but it isn't wrong. There are many absurd laws in effect. Each needs to be scrutinized. Every law should also come with a justification: an explanation of its purpose AND a logical explanation of its purpose within specific circumstances.

So, let's rethink and redefine the term "legal" as meaning "right", because it sometimes isn't. Right action is not always represented by law. What is right should always come before the law. Most importantly, we must not confuse what is "lawful" as always being right.

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