Today we were asked this question in class. We were asked to ponder it over the weekend, but I'd like some views of others.
If we don't believe minds are changed in deliberation, then how and why does the law change in these areas over time? Do we not get closer to the truth or does the law not get better over time?
I do believe minds are changed in deliberation, but usually over a period of time -- and maybe one or two generations.
Look at women's suffrage and the Civil Rights Act.
Abigail Adams asked her husband at the time of the writing of the U.S. Constitution to "remember the ladies." Yet women didn't get the right to vote til about 140 years later. Most people don't question women's right to vote, yet we've hears some sexist remarks about women politicians in the last few years.
The cause of African-American rights has had a similar pattern.
how can a young citizen become active in politics?
The question you were asked in class raises an interesting point about how minds are changed in the process of deliberation and how the law evolves over time. To gain different perspectives, let's break down the question into two parts:
1. How and why does the law change in these areas over time?
2. Do we not get closer to the truth, or does the law not get better over time?
Let's address each part individually:
1. How and why does the law change in these areas over time?
The law is not static but rather a dynamic reflection of society's evolving values, beliefs, and experiences. There are several factors that can contribute to changes in the law over time:
a) Social and cultural changes: As societies change, their understanding of justice, equality, and morality also evolves. These shifts in societal values often prompt changes in the law to align with the new perspectives.
b) Technological advancements: Technological progress can introduce new challenges and opportunities that were not previously addressed by existing laws. To regulate and adapt to emerging technologies, the law must evolve accordingly.
c) Political and legislative processes: Lawmakers regularly assess and amend existing laws to account for changing circumstances and address gaps or inadequacies. Reform may be driven by changing public opinion, pressure from interest groups, or the need for legal clarity in ambiguous areas.
2. Do we not get closer to the truth, or does the law not get better over time?
The concept of "truth" can be complex and multifaceted, especially when it comes to matters of law. It's important to recognize that the law does not necessarily aim to discover an absolute "truth" but rather seeks to provide a fair and just framework for society.
The law evolves and improves over time by incorporating new perspectives, societal changes, and advancements in knowledge. Through deliberation, legal reasoning, and input from various stakeholders, the law strives to address human needs, protect rights, and promote justice. However, it's crucial to acknowledge that there will always be debates and ongoing discussions about what constitutes the "best" or "just" law, as perspectives may differ based on individual values and beliefs.
In conclusion, the law changes over time due to societal and cultural shifts, technological advancements, and political and legislative processes. While the law may not aim to uncover an absolute truth, it continually evolves to meet the needs and values of society, striving for fairness and justice.