A Conscience of Punishment

fencer07's picture

Why do we have the law?

I have contemplated this question, since discussing abortion and voting with a spirtual leader. During the conversation, I wondered why it mattered so much that abortion is outlawed. I asked if it is not enough to believe that people are good and that they will make the correct decisions.

As a member of the Catholic Church, I often find difficulty deciding how to vote. If I vote for the Republican Party, I fail to acknowledge a major sector of my faith – service; for the Republican social programs often do not fulfill my freely-giving nature. However, if I vote in favor of the Democratic Party, I face similar restrictions. The Catholic Church's fierce stance on gay-marriage and abortion discourages me from voting for a party that supports such policy – at least without a feel of guilt when such legislation is passed.
So I explained to my leader my view.

Although I still struggle with voting, I feel that by providing less restriction on an individual's freedom, we allow an individual to make the correct decision for them. All individuals constantly face such decision-making and I admit that some do need more guidance than others. But as a human, despite our personal beliefs, we have one commonality – a conscience.
Is it not enough that guilt plagues the wrong? Are laws really necessary to guide behavior when we learn so much valuable knowledge from the past?

In Crime and Punishment, Fyodor Dostoevsky wrote: "If he has a conscience he will suffer for his mistake. That will be his punishment." Since we all have a conscience – since we are all susceptible to emotion, to guilt – do we need to worry about whether other people will make correct decisions as we draft public policy, as we vote – or is it enough to rely on a belief that there is an inherent good in man?