If Society, the will of all or the will of the majority [society says], is the final measure of morality, then all its judgements are moral by definition. Such a concept is an oxymoron – a contradiction in terms. An attorney once called a radio talk show with a challenge. “When are you going to accept the fact that abortion is the law of the land?” she asked. “You may not like it, but it’s the law.” Her point was simple. The Supreme Court has spoken, so there is nothing left to discuss. Since there is no higher law, there are no further grounds for rebuttal. This lawyer’s tacit acceptance of conventionalism suffers because it confuses what is right with what is legal.

When reflecting on any law, it seems sensible to ask, “it’s legal, but is it moral?  It’s law , but is the law good; is it just?” There appears to be a difference between what a person has the liberty to do under the law and what a person should do. Conventionalism renders this distinction meaningless. There is no “majority of one” to take the higher moral ground. As Pojman puts it, “Truth is with the crowd and error with the individual” (much like Rousseau). This is tyranny of the majority.

When any human court is the highest authority, then morality is reduced to mere power – either power of the government or power of the majority. If the courts and laws define what is moral, then neither laws nor governments can ever be immoral, even in principle.

Another absurd consequence follows from the society says line of thought. This view makes it impossible to reform the morals of a society. There are actually two problems here; the first is called the reformer’s dilemma. Moral reformers typically judge society from the inside. They challenge their culture’s standard of behavior and then campaign for change. But when morality is defined by the present society’s standard, then challenging the standard would be an act of immorality. Social reformers would be made moral outcasts precisely because they oppose the status quo.

Corrie ten Boom and other “righteous gentiles” risked their own lives to save Jews during the Holocaust. William Wilberforce sought the abolition of slavery in the late eighteenth century in the United Kingdom. Martin Luther King Jr. fought for civil rights in the United States in the 50’s and 60’s. in Germany during World War II, Martin Niemoller and Dietrich Bonhoeffer challenged Christians to oppose Hitler.

We count these people as moral heroes precisely because they had the courage to fight for freedom. According to Society Says thought, however, they are the worst kind of moral criminals because they challenged the moral consensus of their own society. This view faces another difficulty with moral improvement of society. If society’s laws and cultural values are the ultimate standards of behavior, then the notion of moral improvement on a legal or cultural level is nonsense. A social code can never be improved; it can only be changed.

Think of what it means to improve something. Improvement means an increase in excellence by raising to a better quality or condition. How do we know if we have increased the quality of something? Only by noting that some change has brought it closer to an external standard of improvement. A bowler improves when she raises her average closer to 300, the perfect game. A baseball pitcher increases his skill by decreasing the number of batters he allows on base. If he strikes out every batter, he’s attained perfection. In either case, an outside standard is used as the measure of improvement.

To improve a society’s moral code means that the society changes its laws and values to more closely approximate an external moral ideal. If no such standard exists, if cultural values are the highest possible law, then there is no way for those standards to be better than what they are at any given moment. They can only be different. A society can abolish apartheid in favor of equality. It can adopt policies of habeas corpus protecting citizens against unjustified imprisonment; it can guarantee freedom of speech and the press. But according to this view, no one could ever claim that these are moral improvements but only that society changed its tastes. There is no moral ideal to emulate. Moral change is possible, but not moral improvement. Improvement means getting better, and there’s nothing better – in this view – than any society’s current assessment of morality. And moral reformers actually turn out to be unethical.