Reclaiming the ‘science’ in Moral Science
It is all very well to say that the choices one makes have to be seen subjectively as each individual (used here as a metaphor for institution, system or structure as well as persons) is the product of several interactions and their motivations are impacted at every stage, from pre-birth through growth. However, in the modern world legal proceedings follow established norms and draw on time-honoured tenets that emphasise objectivity and decry subjectivity, though ‘trying’ each case on a stand-alone basis appears to convey that there are no pre-conceptions. Given that law is expected to be blind – or impartial – how could subjectivity be justified? Should law, therefore, be outside the purview of a moral standard – a science of morals? That would be absurd.
[To be continued]