Moreover, to hold that morality is in some way objectiveitself, as I do, does not mean that one holds that one's own particularmoral views at any give time are certainly correct. One can believe thereare objective answers without knowing what they are or without holdingthat one's own answer is necessarily the right one, even if one is fairlyconfident in it. For example, in math, I can know there is an answer tosome difficult problem, and I might even have what I believe is the correctanswer, but if it turns out I am wrong, or that others disagree, or eventhat no one knows yet what the correct answer is, that does not mean thereis no objective answer. Similarly with regard to scientific theories about,say, the origin of something. There is surely some way that the thing originatedeven if none of the existing theories are correct or even if there is noway to demonstrate what the correct theory is. That an answer is difficultto know, or that it evokes serious disagreements, does not mean that thesubject itself is therefore merely subjective or that there is no rightanswer. Two people can argue about what the right objective answer is whilestill holding that the matter is an objective one. There can be disputesabout objective issues, and so there is no need to think we need to replacemorality with something supposedly objective --law-- just because moralityis sometimes disputatious or contentious. Morality is . The difficulties are that it is not always obvious, andthat people are not always willing to be reasonable in their discussionsor disagreements about it. But the remedy then is to increase moral reasoningand understanding, not replace it with the tallying of unreasonable ormerely emotional opinion.
Sixth, a special case of the above is that it is often normal for peopleto believe that the status quo and traditional practices are what is morallyright. It often is very difficult, especially for those who benefit fromcurrent practice, to notice or see there is something wrong with it, letalone agree with that assessment. Hence, they tend to see efforts for reformas unnecessary, destructive of a well-functioning system and social order,or even morally wrong. It is one view of law that it tends to favor existingpower structures and relationships, not necessarily or not only throughsome sort of Machiavellian attempt to maintain power through evil means,but because existing systems seem to work well (enough) and because theyseem psychologically to be normal and reasonable, especially to those inpower.
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Now, "more perfect", "justice", "common" (in the sense of distribution),"general welfare", and "blessings of liberty", as well as the forms andlimits of "liberty" itself, are moral concepts, as are the proper balanceamong them and the interpretation of "domestic tranquility" (in tryingto determine individual rights versus keeping social order, preventingcrime, and capturing and prosecuting criminals). Most of the major purposesof the Constitution are to help us be law-abiding so that we are a bettercountry, not just an orderly or merely obedient or efficient country. Hence,it would be remiss, and wrong, to make laws or to try to interpret lawsin court (written under the umbrella of the U.S. Constitution, and derivingtheir legal authority ultimately from it) without any regard to their moralmeaning, moral significance, or moral consequences insofar as these impactjustice, liberty, general welfare, the common defense, and domestic tranquility.
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Equating morality with psychology invites people to pander to base desiresand also to try to manipulate others' desires by ways that may not be relatedto the ethical aspects of the issue at hand. While I might be able to changeyour desires by giving you good ethical arguments, I do not necessarilychange the ethics of the matter by simply psychologically getting you tochange your desires. Much political campaigning for people or for specificlegislative proposals is aimed at swaying opinions, not shedding lighton the likely merits and problems with the legislation. It is not thatthis would not happen outside of democracy and free markets, but democracyand free markets, by giving a legitimacy to "desires" (either in votingor in buying products and services), also implicitly give a cultural legitimacyto, or social acceptance of, manipulating people's desires and attitudes,whether the manipulation is toward an actually reasonable or good end ornot.
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The significant flaw in equating morality with psychology, is that peoplefrequently want what is not actually best for them, but is only what theythink is best for them because they may disregard or be unaware of actualconsequences and risks, or better alternatives for them to get what theymight actually prefer if they knew better. People will willingly do thingsthey should not in order to fit in with a crowd or to be popular; peoplewill willingly emulate bad behaviors they saw as children; and people willwillingly do what is traditional or fashionable even when it is not intheir real best interests. People will unknowingly choose mistaken meansin futile attempts to achieve desirable ends, as when they take actionsor pass laws that make problems worse instead of better, or when, for examplein their personal lives, they seek pleasure or intimacy through sex attimes that sex would be inappropriate for them and/or will not providethe kind of emotional intimacy they might want or need. What we think wewant is not always what we really want, and what we think will accomplishwhat we want is not always what will work.