John Galt said:
How does one establish a set of "basic rights" without a code of morality? If there is no moral "right" or "wrong" how can there be a legal "right" or "wrong"?
It's a great question, and here's my shot at it: one can't be incoherent. What I mean by that is there is one thing everybody wants: freedom. Not necessarily the freedom to vote or anything, but just the freedom to do as one sees fit. That's something no one can escape, even someone that wants to live under a dictator--you still want to be 'free' of the right to vote. You can't make the assertion "I demand the right to be unable to make any demands." It makes no sense.
I distinguish this from even a social contract theory of government--there's nothing illogical about breaking one's promises. Something dishonest? Sure. However, as you've pointed out, if there's no 'moral' right or wrong making dishonesty wrong, where's the problem with being dishonest; with committing a 'legal' wrong? You're right, I think, that there is none.
So my philosophy is that laws should always be geared towards increasing the freedom of the individual to do as he or she pleases. Thing is, humans don't get very far without each other. We aren't even *created* without the 'sweat of the brow' of our parents. So sometimes the government has to pass a law that might take away one person's freedom to increase the freedom of others.
I won't pretend I've got it all figured out, or that I don't go back and forth within the philosophy I'm talking about. However, *I* think it's the only way to base a legal system on anything other than a decision about morality. And that this idea shows some promise, that it doesn't lead to some unacceptable scenario.