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.
Assuming that the participants are all of age (which is a necessary predicate of consent), I think that incest should not be illegal. However, incest which leads to a pregnancy and birth of a child should allow for the child (or a guardian on the child's behalf) to sue the incestuous parents for damages for genetic disorders, or for the state to imprison the parents if they were unable to pay.
2) What about necrophilia?
I think it should be legal. Inanimate objects such as corpses are simply property, and human corpses are property that does not belong to anyone and must be disposed of by law. Sex with an animal corpse might lead to valid claims for damage to property (for example, a cow that was to be sold to a rendering facility but was damaged during the sexual act), however. Necrophilia with human corpses could in certain circumstances give rise to civil lawsuits for intentional infliction of emotional distress (for example, having sex with a corpse and sending photos of the act to the grieving relatives).
While I personally find both sexual acts to be repellent, I cannot find any legitimate reason to make either illegal.
Political correctness is the pettiest form of casuistry.
ἡ δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει, δυσφορουμένη, ὅτι δὴ μὴ καὶ τοὺς τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπώη, ὅπως καὶ ἄλλην ἐνταῦθα μίξιν ἐπιτεχνᾶσθαι δυνατὴ εἴη. – Procopius
Ummaka qinnassa nīk!
*MySmiley*
ἡ δὲ κἀκ τριῶν τρυπημάτων ἐργαζομένη ἐνεκάλει τῇ φύσει, δυσφορουμένη, ὅτι δὴ μὴ καὶ τοὺς τιτθοὺς αὐτῇ εὐρύτερον ἢ νῦν εἰσι τρυπώη, ὅπως καὶ ἄλλην ἐνταῦθα μίξιν ἐπιτεχνᾶσθαι δυνατὴ εἴη. – Procopius
Ummaka qinnassa nīk!
*MySmiley*
Some legal questions.
12/01/2011 06:16:23 PM
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Yes to both
12/01/2011 06:31:14 PM
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No and depends
12/01/2011 06:44:02 PM
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Re: No and depends
12/01/2011 07:01:35 PM
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Re: No and depends
13/01/2011 10:08:15 AM
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No and yes, because of the issue of consent.
12/01/2011 07:11:31 PM
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Only people can provide consent. Corpses are not people, just rotting meat. *NM*
12/01/2011 08:40:02 PM
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I suppose that's fair, but I wouldn't try selling it to the family.
12/01/2011 08:56:30 PM
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You're confusing two separate issues.
12/01/2011 09:01:55 PM
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I think the trauma to the familys could (and probably should) be considered criminal as well.
12/01/2011 09:07:57 PM
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How? Why?
12/01/2011 09:40:32 PM
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I thought the rights of next to kin were pretty generally recognized.
13/01/2011 09:54:39 PM
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And I certainly don't think consensual incest should brand someone a sexual predator for life.
12/01/2011 07:20:32 PM
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Some personal opinions in the form of answers.
12/01/2011 08:37:25 PM
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Re: Some personal opinions in the form of answers.
12/01/2011 11:01:50 PM
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no to both
12/01/2011 09:43:28 PM
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I'm afraid I'm struggling to see what your actual argument is.
12/01/2011 11:14:29 PM
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My argument is that society has the right to say some things are just wrong
13/01/2011 12:12:01 AM
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