manic_depressive13 said:
How can you have laws completely devoid of a moral basis? The very idea that people should not murder others people is a moral ideal. It's not a universal truth. It's just something that the majority of society deems morally reprehensible. If you were to write laws free of some subjective morality you would simply have no laws.
No it's not. "Thou shalt not murder" is
not a moral stance, in any way, shape or form (though most every moral theory has incorporated it).
What it is is a baseline that is
required for a society to function. People must be able to continue to live, otherwise the society collapses and no one can get anything done. And that is the purpose of law: to protect, organize, and further the society as a whole.
Any given society has a handful of basic tenants that you will find in every culture, regardless of time period, religion or moral beliefs. In essence, this boils down to: a) do not use violence against other members of the society, b) contribute towards the future of the society, and c) defend the society from outside aggression.
These three base principles have defined the core of every legal system (even the uncodified ones used by tribal villages and the like) since the dawn of human history, and morality does not factor into any of them.
Now, as I said, in practice most legal systems become a reflection of the majority's moral views. This is the natural progression of having a majority, and I really can't comment if it's better or worse. That's rather irrelevant when it comes to jurisprudence though.
http://www.jstor.org/stable/2176104
Here's a link if you want to do some reading. The main point I wanna make is on the first page though:
Positive laws do not rest upon moral laws and common notions of justice furnish no court of appeals from the decrees of the State. The average man confounds law and morality, and identifies the rules of law with the principles of abstract justice. The jurist has to separate these, to show how law differs from morality, and wherein it is independent of it.
Edit: To make it more clear, I am not disagreeing with you that laws have a moral basis. The vast majority of current laws
do in fact have a moral basis in the morality of the society. What I'm trying to get at is that law and legal theory are, and should be, separate from morality. Laws are not always right, nor is the right thing always legal. One should
never ascribe morality to law (or worse, derive their morality from the law).