Rigid moral precepts and proper judgment / by kevin murray

For any society to function well there is a requirement that constructive rules, regulations, laws, and morals must be utilized, effectively.  The problem that so many modern societies have created is that they act as if they believe that the more laws, rules, and regulations that are legislated into existence and thereupon put into effect, the better that society will function and will be.  Unfortunately, if laws, rules, and regulations in and of themselves would or could transform mankind into something better, than the world that we live under would already be some sort of paradise, or approaching such, but sadly it is not.


So too, it just isn't possible to write laws, rules, and regulations in such a detailed and even handed manner, that those laws cover every single possible contingency and that the justice thereby rendered from those laws is always therefore just and fair -- simply by following the rules of the road so agreed upon.  That is why, legislated statues such as "three strikes," in which the third time that a particular person commits a certain "serious violent felony" in conjunction with having two other convictions, of which one of those has been defined as a serious violent felony, thereby mandating life imprisonment, cannot possibly be just or fair, because it does not take into account, that all crime, no matter how similar or mundane, has its own peculiar circumstances that precludes such from harsh cookie-cutter judgments with no wiggle room, whatsoever.  Additionally, this is why "mandatory minimums", in and of themselves, are a very poor excuse as well as being very poor justice to enact upon people, because what is not apparently taken into consideration is the pertinent information that is not only germane to the case, but also the fact that each case has its own mitigating circumstances, and thereby to legislate that certain offenses must always be subject to a mandated minimum is therefore a gross injustice.


Those that are simple minded or act as such, and do not like to think, appreciate simple solutions that anyone can follow in which by adhering to some sort of preset justice chart, justice will be rendered in a swift and certain way, but that is not justice; it is at best, following rigid moral or legal precepts, without availing oneself of one's brain and thereby failing to properly use discretion and proper judgment.


Those that do not like to think, are the very same people that desire to follow rigid rules and regulations, perhaps because they like order, or consistency within their own life.  On the other hand, those that like to think, are appalled at any institution that simply indoctrinates people in a manner in which certain things have to be done in certain ways, because those thinking people, know that they are far greater beings than being wrongly classified as simple automatons, for they are quite cognizant of having been gifted with a free will and a free mind, and that gift, necessitates the proper usage of judgment, which is best demonstrated in those situations in which it really matters, such as in a court of law, or the important day-to-day interactions that people have with one another.