Courts and laws
Humans are social beings and we have a sense of justice, just as some furry animals do. This sense of justice seems to be innate – certainly furry animals are not taught it. Young children consider it unfair if they get a small ice cream and someone else gets a bigger one. This complaint has a dose of egocentrism, but also relies on notions of fairness. Fairness means getting one’s just deserts and desserts, and involves reciprocity e.g., one good turn deserves another.
Scruton points out that “law” preexists written law. The original law embodies customs, traditions, and expectations that involve notions of justice/fairness. British common law is an attempt to make implicit law explicit. In this way, the law is discovered, not invented. Even parliament was seen originally as having the function of a court, making commonly agreed upon laws explicit in the interests of resolving disputes.
Common law thus arises organically from the bottom up in patterns of social behavior embodying intuitions of justice. When a judge adjudicates a case he is trying to settle it in terms already being employed by members of the community. Common law represents a piecemeal attempt to solve unanticipated problems as they arise with a degree of trial and error. If a new decision seems to make things worse, then later decisions can modify the law.
One way of describing moral development is in terms of general levels; egocentric, ethnocentric and worldcentric. One starts with an exclusive concern for oneself, then the group – whichever group one identifies with – then a concern for everyone in principle. The Green MEME liberal has a worldcentric developmental level. Their infatuation with egalitarianism can lead to moral and cultural relativism. No moral perspectives are better or worse – all are equal. The same applies to cultures. Cultures are not better or worse, just different.
Moral relativism implies moral nihilism. If one moral perspective is not better than another and you can’t be wrong, then morality is null and void. Cultural relativism says one can’t compare morally the practices of different cultures. Again, there is no question of moral realism or the notion of objective values transcending cultures.
The goal of cultural relativism is tolerance. It is also intended to avoid ethnocentrism and the claim that my culture is better than your culture simply because it is my culture. The liberal in this instance conflates ethnocentrism with bigotry. This is obviously a mistake. One can have a preference for one’s own culture without simply denigrating out of hand other cultures, just as one can have a special love and preference for one’s own parents or children, without making a moral mistake.
The morally worldcentric liberal and cultural relativist seeks to get rid of bigotry by removing ethnocentrism. Thus they make identification with a group a sin. They want to go straight to the transcendent, bypassing the immanent. This is a form of Gnostic world-hatred. It is the situation of the misanthropist who hates and despises all particular human beings while professing love for “humanity” in the abstract. Here is the moral and metaphysical error.