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University of Botswana Law Journal - PULP

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156 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010<br />

fascist regimes. Taken to their logical conclusion, absolutist ideals can not only<br />

be used to justify totalitarianism, they require it; if there are certain knowable,<br />

immutable truths that are valid for all time, then only truly moral form <strong>of</strong><br />

government is one that educates and indoctrinates its people to recognize and<br />

conform to the moral conduct that those truths dictate.<br />

If totalitarian regimes are based on ethical absolutism or religious<br />

fundamentalism, it is clear that democratic governments lean towards nonfundamentalist<br />

ethical principles. The assumption that a variety <strong>of</strong> plausible<br />

views can exist on even essential ethical principles is central to a democratic<br />

form <strong>of</strong> government. The principle <strong>of</strong> majority rule almost inevitably leads to<br />

the adoption <strong>of</strong> some form <strong>of</strong> moral relativism as the guiding ethical principle,<br />

especially in societies with highly diverse social, ethnic and religious cultures<br />

and large numbers <strong>of</strong> unassimilated immigrant populations. The very notion<br />

that right and wrong is subject to a vote institutionalizes ethical relativism in<br />

all democracies; issues such as the death penalty, abortion, and pornography,<br />

and governmental efforts to regulate these areas, illustrate with the strong<br />

emotions and endless debate they elicit our relativistic ethics. Individuals in<br />

democratic societies are free to reject ethical relativism, and many do. They<br />

can also lobby their government to change existing laws, arguing for the<br />

adoption <strong>of</strong> their point <strong>of</strong> view. But a democratic system that completely<br />

abandons ethical relativism in favor <strong>of</strong> ethical absolutism, whether <strong>of</strong> the<br />

secular or religious variety, cannot remain a democracy for long.<br />

The obvious problem we face when trying to impose an ethical<br />

system is in deciding which system to use. While it can be argued that<br />

governments should not legislate morality, all governments in fact do so to<br />

some extent. Criminal law is largely based on prohibiting and punishing<br />

antisocial behavior; as such, criminal law inevitably reflects society's ethical<br />

standards and attempts to discourage behavior that society deems immoral.<br />

Ultimately, questions <strong>of</strong> ethics come down to personal belief. Depending on<br />

the philosophical system applied, nearly any moral point <strong>of</strong> view is<br />

defensible; unfortunately, one person's ethical conduct is frequently another's<br />

mortal sin. In a political context, ethical debate <strong>of</strong>ten hinges on irreconcilable<br />

differences. On the abortion issue, for example, the pro choice and pro-life<br />

groups have philosophical differences that cannot be reconciled. The same is<br />

true <strong>of</strong> people on opposite sides <strong>of</strong> the perpetual debate on the death penalty,<br />

gun control, legalization <strong>of</strong> drugs, animal research, gay marriage, and<br />

innumerable other issues. Very <strong>of</strong>ten, groups on either side <strong>of</strong> a political<br />

controversy believe themselves to be morally right, and, by definition, believe<br />

that those who hold opposing points <strong>of</strong> view are morally wrong (hence,<br />

immoral). The strength <strong>of</strong> a democracy is in its ability to incorporate differing<br />

points <strong>of</strong> view and to obtain a functional compromise on most issues. Some<br />

issues, however, leave no room for compromise, and it is here that the battle

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