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The Water Cooler
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Why is ploygamy illegal?
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<blockquote data-quote="Glocktogo" data-source="post: 2151473" data-attributes="member: 1132"><p>Our entire legal system is loosely based on the 10 Commandments. At some point, people drew lines and said "this is a moral AND lawful act", but "that is not". In America, polygamy is classified as a "mala in se" or morally wrong criminal act. In some very conservative states, homosexuality is as well, though I don't know how stringently its enforced at this point. </p><p></p><p>Where things get really interesting is the classification of a "mala prohibita" act, or crime by prohibition. Is prostitution a mala in se or mala prohibita? If conducted between two willing participants under no duress or coersion, with no ill after effects such as disease transfer, it is literally a victimless crime. Yet it depends on who you ask whether its a moral crime or crime by prohibition.</p><p></p><p>It gets even more complicated when a federal prohibition exists, yet a local area may consider it perfectly acceptable and harmless behavior, such as marijuana in hippy towns. </p><p></p><p>What I doubt anyone could effectively argue is that we don't have too many people in jails or with debilitating criminal records who have never harmed anyone in their life. They suffer the stigma of being a "criminal", simply because someone somewhere decided they were wrong from afar, whether by a lack of morals or by statute.</p><p></p><p>In more civilized societies, many of these infractions are dealt with civilly, sucha as a civil regulatory violation that may carry stiff fines, but no criminal record or jail time. </p><p></p><p>I personally think that somewhere along the line, we went WAY beyond ensuring public order and simply criminalized things we would find offensive if we learned about them, even if no one was harmed and there was no breach of the public peace. That's something we need to get a handle on, before we all crack from the stress of pleasing everyone, all the time. </p><p></p><p>Who really wants to live that way? <img src="/images/smilies/frown.png" class="smilie" loading="lazy" alt=":(" title="Frown :(" data-shortname=":(" /></p></blockquote><p></p>
[QUOTE="Glocktogo, post: 2151473, member: 1132"] Our entire legal system is loosely based on the 10 Commandments. At some point, people drew lines and said "this is a moral AND lawful act", but "that is not". In America, polygamy is classified as a "mala in se" or morally wrong criminal act. In some very conservative states, homosexuality is as well, though I don't know how stringently its enforced at this point. Where things get really interesting is the classification of a "mala prohibita" act, or crime by prohibition. Is prostitution a mala in se or mala prohibita? If conducted between two willing participants under no duress or coersion, with no ill after effects such as disease transfer, it is literally a victimless crime. Yet it depends on who you ask whether its a moral crime or crime by prohibition. It gets even more complicated when a federal prohibition exists, yet a local area may consider it perfectly acceptable and harmless behavior, such as marijuana in hippy towns. What I doubt anyone could effectively argue is that we don't have too many people in jails or with debilitating criminal records who have never harmed anyone in their life. They suffer the stigma of being a "criminal", simply because someone somewhere decided they were wrong from afar, whether by a lack of morals or by statute. In more civilized societies, many of these infractions are dealt with civilly, sucha as a civil regulatory violation that may carry stiff fines, but no criminal record or jail time. I personally think that somewhere along the line, we went WAY beyond ensuring public order and simply criminalized things we would find offensive if we learned about them, even if no one was harmed and there was no breach of the public peace. That's something we need to get a handle on, before we all crack from the stress of pleasing everyone, all the time. Who really wants to live that way? :( [/QUOTE]
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