Sophists and the law

The ancient Sophists argued that human law is all made up and often in conflict with natural law. They argued that the only real reason for following these made up human laws is the fear of getting caught and punished. So, they reasoned, if no one is watching, then go ahead and break those arbitrary laws.

This is similar to contemporary debates about the law. Liberals claim that our laws about marriage are just made up, and so we can make them up differently to allow same sex marriages. Conservatives claim that these are natural laws and to change them would radically alter the fabric of reality. Which is it?

As with most things, the truth lies somewhere in the middle. Human laws are arbitrary, but it is not arbitrary that we have laws. Consider driving. It is completely arbitrary that we drive on the right side of the road. But it is necessary that we all drive on the same side.

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