| > It's current status as illegal is not a counterargument. It's like when vegans try to stop you in the grocery store for eating meat, which they say is murder. It's actually not murder. That's just an emotional value they choose to assign, and I'm not going to jail for my hamburger. They might tell me that "it's legal isn't a counterargument," but actually, it is. The comment made claims that something that's illegal should be legal because some people using it understand things through it. That doesn't really make sense to me. Pick any gross crime, then claim the criminal is using that crime to understand things. It's pretty easy to do this through burglary stories about assembling evidence, or vigilantism stories. Should that suddenly be legal, due to their motivation? I don't think so, personally. The law also doesn't. Nobody looking at this situation has even started from first principles and said "why is unregulated gambling illegal?" It's actually not very hard to answer that, and the rest falls neatly into place from there. |
The difference here is that this is a category argument, that is to say it's an argument about what is, whereas the argument about legality is about what should be. Arguments about what is vs arguments about what ought to be are very different things.
Additionally, murder generally has a component of crime associated with it, this is why other forms of killing that are government sanctioned also generally don't fall into this category (e.g. killing during war and government sanctioned executions are generally not murder). The legal status is a fairly decent argument that it belongs in a different category, unless you want to invoke natural law.
But, we should note, that the harvesting of meat is currently legal is a terrible counter argument to an argument that it should be illegal. The current legal status of something is immaterial to an argument about what it should be. If it were a good counter argument, we'd never be able to criminalize anything and we'd never be able to legalize anything that was currently illegal. This is, I suppose, fine if you consider every law to be timelessly perfect, and the system of laws to be complete and never need changing. However, I've never met anyone who believes such a thing.
> Should that suddenly be legal, due to their motivation? I don't think so, personally.
You find the argument, personally, unconvincing. That's fine, and a perfectly legitimate position to take. I also assume it's the majority position within society. But, it doesn't make current conditions relevant to a conversations about how they ought to be.