Waivers to Rights-Violating Laws
Q&A Radio: 10 May 2015, Question 1
I answered a question on waivers to rights-violating laws on 10 May 2015. You can listen to or download the podcast of just this question below – or check out the whole episode of Philosophy in Action Radio.
Are waivers to rights-violating laws good or bad? There are many examples of immoral laws in which the government initiates force against individuals. There are also many examples of groups of people being carved out of the application of such laws via waivers. Some waivers are based on rational motivations, such as business exemptions from Obamacare based on economic burdens. Some waivers are based on irrational motivations, such as religious exemptions from anti-discrimination laws or requirements to provide insurance for birth control because compliance would conflict with a "religious conscience." If we begin by agreeing that all initiation of force is immoral, how can we proceed with analyzing whether waivers to immoral laws are good or bad? Are the exceptions good if they're based on rational reasons and bad if based on irrational reasons? Or should we think of the exceptions as either universally good or bad? Philosophically, I'm confused. On one hand, how can I not support all waivers when, in fact, they would result in less initiation of force? On the other hand, I can think of a philosophical argument against all waivers on the following basis: unequal standards for the application of political force implies a variance in the ethical standards which implies a variance in the metaphysical nature of man. If we accept the implication that there are essential differences in our nature as human beings, then we have given up the objective basis for rights and open the door to widespread destruction of freedom. Is that right? How should a person who wants to consistently support individual rights think about this issue of waivers, in principle?
My Answer, In Brief: The value of waivers depends on the underlying rationale for them, including whether they promote or undermine basic political principles like rule of law, equality before the law, and the separation of church and state.
- Duration: 22:58
- Download: MP3 Segment (7.9 MB)
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About Philosophy in Action
I'm Dr. Diana Brickell. I'm a philosopher specializing in the application of rational principles to the challenges of real life. I received my Ph.D in philosophy from the University of Colorado at Boulder in 2009. My book, Responsibility & Luck: A Defense of Praise and Blame, is available for purchase in paperback and Kindle. The book defends the justice of moral praise and blame of persons using an Aristotelian theory of moral responsibility, thereby refuting Thomas Nagel's "problem of moral luck."
My radio show, Philosophy in Action Radio, broadcasts live over the internet on most Sunday mornings and some Thursday evenings. On Sunday mornings, I answer questions applying rational principles to the challenges of real life in a live hour-long show. Greg Perkins of Objectivist Answers co-hosts the show. On Thursday evenings, I interview an expert guest or discuss a topic of interest.
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