Gedankenexperiment or thought experiment is a scientific device of imagination used to investigate the nature of things.
Thought Experiments in Ethics
In ethics, thought experiments are often used to exclude irrelevant details in order to effectively isolate the particular responses elicited by principles or ideas under scrutiny that should help to guide the behavior of human beings. The obtained implications can readily be applied to situations in real world.
Marriage vs. Homosexual Life-style
The Roman Law[note 1] (namely jurist Modestinus) defined marriage (Latin: Matrimonium) as a union between man and woman, an association for the whole life, a community of humane and divine life.[note 2][note 3] The main aim of the marriage was a procreation of legitimate children.
The notion of objective truth and reality about humans as two equal and complementary sexes —male and female — was recognized also by modern-day scientists in the form of pictorial message consisting in figures of a man and a woman engraveded onto gold-anodized plaques, which were placed on board the 1972 Pioneer 10 and 1973 Pioneer 11 spacecrafts, respectively. It is also present in many cultural expressions such as Swedish musical ensemble ABBA’s song “One Man One Woman.”
Taking into account all known aspects and arguments, it makes sense to formulate the following postulate related to human beings and their institution of marriage: Humans consist of two equal and complementary sexes —male and female, meant for mutual married relationships that would promote childbearing. That does not necessarily mean that every person will be married, or that every married couple will have children, but that this is the normative, typologically functional, natural and proper setting for human sexual relationships.
Now the new question, subject to evaluation by the thought experiment, i.e. scientific device used for evaluating the nature of things, is whether, taking into account also the theory of law, the institution of marriage could be possibly extended to cover also same-sex couples.
|Normativity and Integrity of Society.|
|According to the Theory of State and Law, the set of normative requirements towards an individual in relation to other individual or group, or such requirements towards a group in relation to an individual, represents a social network of relationships between individuals, as well as groups, that can be called a social normativity. [note 4] Within a group, individuals are inter-related by a set of requirements, standards, expectations, values and codes of conduct, respecting, observing and implementation of which ensures the integrity of the society, its survival, and development, and thus the integrity, survival, and development of an individual. A group (or society as a whole) cannot exist and develop without integrity, which is then secured by values and normativity. These values and norms represent glue that holds the group and society together. Normativity is a prerequisite for integrity of a group or society, and forms the way for accomplishing the needs of social life. It is a group or society that decides which values and norms are good and important for its integrity, existence and development, and, on the other hand, which ones must be kept under the control, because when practising them, they act in counter-direction and in effect disintegrate the society. The primary role of normative systems in a society is, based on its societal values, to regulate the behaviour of people in effort to maintan the society’s very existence. Without the required degree of integration, the society as a whole would be in constant danger of disintegration, collaps, or ultimately extinction. Thus, the law and normative systems integrate the society by expressing and protecting certain values and needs, without which it is not possible for society to exist, develop, or prosper.|
The actual thought experiment aiming to resolve this question consists in imagining the group of people, a pattern subject of research, that would consider as normal and normative solely the homosexual behavior. If such norm would be applied onto all members of the tested group, so that all of them would be "normalized" accordingly, the society that would adopt such twisted normative approach would simply die out or depend on unnatural methods of reproduction. The result of this experiment is predictable with absolute degree of certainty beyond any doubt. Therefore, the conclusive statement inevitably must be that not only the homosexual relationships do not secure the integrity of the society, but also act in counter-direction, endanger its very existence and disintegrate it. In order to maintain the sustainability of society, they must be left devoid of legal support with respect to any form of marriage, i.e. institution arranging i.a. the sexual relationships of humans.
- The terms, concepts and principles of Roman law became the basis that grown into the contemporary Western and European legal culture with its generally recognized international terminology.
- cf. "Homosexuals do not see marriage as an essentially divine institution." in Gnostic traits in LGBT Ideology
- ”Latin: Nuptiae sunt coniunctio maris et feminae et consortium omnis vitae, divini et humani iuris communicatio” (D.23.,2,1)
- cf. Latin: Est modus in rebus, sunt certi denique fines. (Roughly: There is a good measure in all things, or there are fixed limits beyond which and short of which right is not able to find a place) Horatius alias Horace I, 1, 106
- Thought Experiments. Stanford Encyclopedia of Philosophy (Jul 29, 2011). Retrieved on Mar 03, 2013.
- Ben Dupré (2013). 50 ethics ideas. Quercus Editions Ltd.. ISBN 978-1-78087-827-0.
- Základy práva, potreba práva, podstata práva, spätosť práva zo štátom, vzťah štát – sloboda – moc. (The Law Fundamentals etc.) (Slovak). Gymnázium Martina Kukučína v Revúcej. Retrieved on October 26, 2014. “Pojmy a princípy rímskeho práva sa stali základom, z ktorého vyrástla európska právna kultúra so všeobecne uznávanou medzinárodnou terminológiou.”
- Karol Rebro, Peter Blaho. Rímske Právo (The Roman Law) (in Slovak, Latin). IURA Edition, 170. ISBN 978-80-8078-352-5.
- Adolf Berger (1968). Encyclopedic Dictionary of Roman Law. American Philosophical Society. ISBN 9780871694324.
- William Alexander Hunter (1803). A Systematic and Historical Exposition of Roman Law in the Order of a Code. Sweet & Maxwell.
- Sagan C., Sagan L. S. and Drake F.. A Message from Earth. Retrieved on October 26, 2014.
- ABBA. One Man One Woman. Retrieved on October 26, 2014.
- Jonathan D Sarfati (June 30, 2012). Gay ‘marriage’ and the consistent outcome of Genesis compromise. creation.com.
- Jozef Prusák. Teória Práva (Theory of Law) (Slovak). Retrieved on October 26, 2014.
- Karol Rebro (1995). Latiské právnicke výrazy a výroky (Latin legal expressions and verdicts) (in Latin, Slovak). IuraEdition. ISBN 80-88715-20-2.