But is not the idea that there sould be a functional society rooted in morality? I don't think you can go to "should be" without some moral noton of what is "good".
Well in that sense maybe you are correct; a functional society's foundation maybe does rely on an inherent and ancient understanding of fundamental morals. Like, not stealing or murdering. But is it a chicken and the egg dilemma? Are social creatures such as us inclined to do these things because they are inherently right or because they serve the purpose of ensuring our lineage's survival?
Well, I think that the idea of moral law has gotten corrupted to mean laws based on the morality of a controversial subset of the population, generally the Christian-right. I don't think this is truely the case that proposed and existing legislation based on these controversial notions are the only laws rooted in morality.
They aren't. I am not saying our laws could not have a moral foundation, just that if an alternative basis for the laws existence, i.e. rational societal benefit, outweighs the moral basis, that law is legitimate. I am relying on a (possibly) artificial separation of the law's moral and societal components. (And maybe an artificial ignorance of the moral foundation of a functional society itself.)
Alternatively, if the societal benefit is small but the moral underpinning is the larger motivation, the law is illegitimate and the government should not have the authority to enforce it.
It seems to me that all laws are based on morals. It's only when what we view as moral is not agreed upon by almost all members of society do we actually start to look at our moral views. These laws with controversial moral basises are not the only moral laws, just the only ones we end up arguing morality about.
Right, so if you eliminate the authority of enforcing morality altogether, don't you eliminate the possibility of controversy over whose morals are correct?
I guess in a way, I am saying take what we all universally agree upon as wrong, set that in stone, eliminate the moral component of it, and from henceforth utilize a more amoral basis for deciding what the government can and cannot do.