What has happened, and is happening, to our under-standing of what law is for is subtler but no less portentous: we have come to mistakenly define what law is for. These mistakes do not result from unsuccessful efforts to get the matter right, unfortunately. Instead, lawmakers have lately deemed the truth about persons, marriage, family, and religion to be irrelevant to law. What these goods re-ally are does not matter, they say. Worst of all, the irrelevance of moral truth has been carefully cultivated: not considering who is really a person, or what marriage really is, or how religion truly works, has been celebrated as a great virtue of American public life, a trend that has be-come dominant since World War II.More exactly, under the influence of contemporary liberal doctrines about moral “neutrality,” our determination of what law is for has become the creature of consensus, not of what is, of what is true.6 The desideratum is not to get what law is for right, but to fit it all comfortably within dominant cultural mores and conventional morality. Our lawmakers have resolved that avoiding controversy is the overriding end of law, especially when it comes to considering what law is for. Our lawmakers correctly see that law’s moral foundation is potentially a source of great controversy. What they fail to recognize is that getting it wrong promotes the greatest injustice of all.
What has happened, and is happening, to our under-standing of what law is for is subtler but no less portentous: we have come to mistakenly define what law is for. These mistakes do not result from unsuccessful efforts to get the matter right, unfortunately. Instead, lawmakers have lately deemed the truth about persons, marriage, family, and religion to be irrelevant to law. What these goods re-ally are does not matter, they say. Worst of all, the irrelevance of moral truth has been carefully cultivated: not considering who is really a person, or what marriage really is, or how religion truly works, has been celebrated as a great virtue of American public life, a trend that has be-come dominant since World War II.More exactly, under the influence of contemporary liberal doctrines about moral “neutrality,” our determination of what law is for has become the creature of consensus, not of what is, of what is true.6 The desideratum is not to get what law is for right, but to fit it all comfortably within dominant cultural mores and conventional morality. Our lawmakers have resolved that avoiding controversy is the overriding end of law, especially when it comes to considering what law is for. Our lawmakers correctly see that law’s moral foundation is potentially a source of great controversy. What they fail to recognize is that getting it wrong promotes the greatest injustice of all.
