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No and yes, because of the issue of consent. Joel Send a noteboard - 12/01/2011 07:11:31 PM
Tim was going to ask this the other day (he's just had an exam for criminal law) but forgot so I have decided to do it for him.

1) Do you think (consensual) incest should be illegal? Please give your reason.

2) What about necrophilia?

Incest may be disgusting, but so are a lot of other entirely legal things; you can't legislate morality, though you can certainly legislate resentment and force those you brand "deviants" underground, which often means association with violent criminals, even participation in their nefarious activities.

Necrophilia is a whole other matter, because it's desecration of a corpse who has no say in the matter, which is offensive to the surviving family regardless of how one thinks it impacts the dead. There's a strong argument, however, that there IS an impact on the dead; one horrid little quote on bash.org claims, "it's not rape if she's dead, " but if someone's incapable of giving or withdrawing consent, by most legal standards it IS rape.
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Some legal questions. - 12/01/2011 06:16:23 PM 714 Views
Yes to both - 12/01/2011 06:31:14 PM 473 Views
Incest isn't necessarily about children. - 12/01/2011 06:33:20 PM 460 Views
Re: Incest isn't necessarily about children. - 12/01/2011 06:57:10 PM 434 Views
Who brought children into it? - 12/01/2011 11:04:12 PM 429 Views
No and depends - 12/01/2011 06:44:02 PM 463 Views
Re: No and depends - 12/01/2011 07:01:35 PM 413 Views
Re: No and depends - 13/01/2011 10:08:15 AM 417 Views
Re: No and depends - 13/01/2011 01:47:54 PM 413 Views
Re: No and depends - 13/01/2011 03:01:42 PM 378 Views
No and yes, because of the issue of consent. - 12/01/2011 07:11:31 PM 396 Views
Only people can provide consent. Corpses are not people, just rotting meat. *NM* - 12/01/2011 08:40:02 PM 176 Views
I suppose that's fair, but I wouldn't try selling it to the family. - 12/01/2011 08:56:30 PM 421 Views
You're confusing two separate issues. - 12/01/2011 09:01:55 PM 421 Views
I think the trauma to the familys could (and probably should) be considered criminal as well. - 12/01/2011 09:07:57 PM 392 Views
How? Why? - 12/01/2011 09:40:32 PM 427 Views
Some personal opinions in the form of answers. - 12/01/2011 08:37:25 PM 446 Views
Re: Some personal opinions in the form of answers. - 12/01/2011 11:01:50 PM 403 Views
Of course a corpse is property. - 13/01/2011 05:27:34 AM 424 Views
Apparently it isn't, at least in California. - 13/01/2011 09:35:29 AM 495 Views
Strangely - 13/01/2011 07:13:17 PM 360 Views
consensual necrophilia? - 12/01/2011 09:40:44 PM 418 Views
Re: consensual necrophilia? - 12/01/2011 09:43:40 PM 385 Views
no to both - 12/01/2011 09:43:28 PM 418 Views
I'm afraid I'm struggling to see what your actual argument is. - 12/01/2011 11:14:29 PM 412 Views
My argument is that society has the right to say some things are just wrong - 13/01/2011 12:12:01 AM 407 Views
Hm? - 12/01/2011 11:07:19 PM 417 Views
Well said (on both) *NM* - 12/01/2011 11:22:08 PM 181 Views
Interesting... - 13/01/2011 12:16:50 AM 403 Views
yes to both *NM* - 13/01/2011 06:21:39 AM 161 Views
Re: Some legal questions. - 13/01/2011 08:33:18 AM 416 Views
Re: Some legal questions. - 13/01/2011 07:06:04 PM 422 Views
hhmmmm - 14/01/2011 03:55:38 AM 391 Views

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