Wednesday, June 28, 2006

Lex Est Quod Notamus

The title of this post is a latin saying that translates; 'the law is what we write'. This is the basis of what, I believe, that the law is about. We as people have the freedom to create the laws and, through the laws, the society that we deem the best. There is no reason why we have to have any particular laws other than our ethical sytem of belief deeming certain behavior apropriate or inapporpriate.

There is an incredible element of personal responisbility in creating, enforcing, arguing, and judging the law. Any of the agents of the law doing their job better could vastly effect the quality of life. The philosophical jurisprudence that each individual brings with them into the law will also vastly effect the law. Due to this imense responisbility, I believe, the less any particualr individual has control over any aspect of the law, the less chance that any individual will bring in their bias that society is unlikely to agree with. This is not to say that more skilled, experienced, and intelligent individuals should not be the agents of the law. They should. Merely that the more power a person has the less likely they are to use it well.

It does not take a genius to realize there is as many philsophies and legal prefrences as there are people. It is detestbale, in my opinion, to force another's system of beliefs upon another person. Yet, for most laws there will be someone who disagrees with the opinion. Since, for the most part, everyone agrees in the value of laws, it is necessary to have them. One of the main criteria, for creating/interpreting the laws, in my opinion, is to find solutions and compromises that everyone can be happy with. Accordingly, one of the strongest values in approaching the law should be to minimize laws that lead to conflicting beliefs. People should be able to pursue their own happiness in the way they deem fit, as long as it doesn't prevent others from doing the same. Most people, regardless of belief or exact reason getting there, believe in certain moral precepts of human compassion. I think the universality of human compassion is what makes universal laws that most people can agree with possible. Freedom, compromise, respect for other beliefs, and most importantly human compassion should be the basis of law.

It could be suggested that the values that i set up are made for angels and not for imperfect people. It could be said that people are primarily self-interested, want to increase their own power, and shape the world according to their own beliefs. That hope for a better future and humans treating each other well is naiive. I choose to be less cynical. People do many bad things, people make mistakes, because were human and we are imperfect. But we also are capable of great acts of kindness, great acts of positive change. There is no reason not to hope or work hard toward the dreams of society. It will take a while to make one step at a time, but our common compassion and hope is stronger than the differences that divide us.

I began the post by suggesting the law is what we write. This merely means that the law is limited to our humanity and we can make it as good or bad as we choose. But it is our responsibility. Yes, we will consistently mess up, but thats what humans do. But if we don't learn and improve our society then we are being foolish and not living to our own promise and potential.

Tuesday, June 27, 2006

What is humanism?

Welcome to the Legal Humanist.

My first post I want to discuss what I believe humanism stands for as a philosophy.

Humanism is a philosophy that celebrates our humanity through our weaknesses and strengths. We are at our best not when we strive for perfection, but when we learn from our mistakes. Our growth as humans is of paramount importance. Humanism champions compassion and treating others well, not from fear of supernatural reprecussion or reward, but because we, as humans, are capable of treating others well for its own sake. Helping others is not thought of as charitable or an option, but a necessary part of the human experience. Humanism embraces diversity, rejects racism and sexism, keeps an open mind, and encourages sympathizing with people other than ourselves. Learning from other perspectives can only help us grow. Humanism affirms each humans dignity, and believes it is never to late for people to turn their lives around and improve.

Humanism encourages personal growth, in whatever form that each individual believes is most fit. But humanism rejects the idea that we have knowledge of the supernatural. This is not to say that the supernatural can not exist, merely that we are incapable of observing something that is supernatural. We are only able to know what we are able to observe and continuously make better theories that explain and predict our observations. Humanism does not discourage personal spirituality or faith. It encourages us to think for ourselves and find our own personal meaning. If one chooses to embrace faith, in order to bring more meaning to their lives, one must realize that others should have the same opportunity to choose their faith, or lack there of, in their personal lives, as well. Thus religion may be vital in the private sphere, but is dehumanizing to be put in the public sphere and takes away people's right to think and choose for themselves.

Humanism embraces science as a useful tool to make our lives better. It encourages research and applied science for both the reasons of practical applications to improve our lot and for our own curiousity. Humanism is a proponent of science and technology based on our ethical system and rejects the idea of uncontrolled scientific growth. Science is one of the keys to developing better tools for our lives and fulfilling our curiousity, but it must be based on ethics. Science and technology should always help us become more human and benefit us, not make us beyond human or effect us adversely.

Humanism champions art in all of its forms, as a method of expressing the human condition.

Humanism focuses on our lives now and not in some supernatural world that may, or may not, exist. As Shakespeare said, " [who knows] what dreams may come, when we have shuffled off this mortal coil". We are here now and should work on making our lives the best we can in this life, and worry about 'what dreams may come' in the next when, and if, there is a next life.

Humanism endorces democracy, and individual rights. It strives for balance between John Stuart Mill's idea of doing whatever you desire as long as it does not prevent others from enjoying the same right and the idea of human dignity. People should be treated with respect and should not even themselves be able to forfeit this right. Humanism realizes the utilitarian idea of the many being more important than the one. Conversely it understands that making decisions based on numbers is dehumanizing. The value of one is more important than the value of many , in many situations, as well. Were a society of human individuals, not a society of ants. Each person, being an individual, should have the right to the best life for themselves.

Humanism rejects absolutes and believes in the value of balance. One should not make political decisions based on broad principles , but instead make decisions on a case by case basis. One should look at the details and try to find creative solutions that fit all of our values. Humansim rejects stagnation, and above all, is always trying to impove our lives.

Friendship is one of the most important things to humanists. Without our relations to others our lives would have no meaning. The value of friendship needs no explaination, it is one of the most vital parts of our lives. We are only as rich as the quality of friends that we have.