Warning About Legal Questions
|
Mahalo Answers is a great place to start your research into Legal questions, but it's not the final answer. Mahalo Answers is not a substitute for informed professional advice. If you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. You should always seek independent professional advice before acting on any opinion, advice, or information available on Mahalo Answers. |
question
-1
Votes
Votes
3
Answers
Answers
M$0.00
Should infidelity be a crime?
The asker of this question selected no best answer.
answers (3)
No. Several reasons:
1. Marriage is a civil contract, raising the violation of one element of this particular contract would be disproportionate to all other forms of contract law.
2. Infidelity is not treated the same in every marriage. Different religions and different cultures view infidelity with varying degrees of tolerance. The law should not be in the position of asserting a dominant view about infidelity.
3. The State does not have any stake in enforcing marital fidelity, and often the parties themselves do not have an interest in doing so. Many couples choose to stay together afterwords, while others choose to part amicably. Having the State enforce a criminal law in this case would serve nobody's interest.
4. The administrative burden on the State would be huge. If something like infidelity were illegal, the number of potential prosecutions would be very large. The process of gathering evidence would be intrusive, and the potential abuse of prosecutorial discretion would be very damaging.
1. Marriage is a civil contract, raising the violation of one element of this particular contract would be disproportionate to all other forms of contract law.
2. Infidelity is not treated the same in every marriage. Different religions and different cultures view infidelity with varying degrees of tolerance. The law should not be in the position of asserting a dominant view about infidelity.
3. The State does not have any stake in enforcing marital fidelity, and often the parties themselves do not have an interest in doing so. Many couples choose to stay together afterwords, while others choose to part amicably. Having the State enforce a criminal law in this case would serve nobody's interest.
4. The administrative burden on the State would be huge. If something like infidelity were illegal, the number of potential prosecutions would be very large. The process of gathering evidence would be intrusive, and the potential abuse of prosecutorial discretion would be very damaging.
Nicely said...
Tip drmatt for this comment
|
Report
Infidelity, no. Domestic violence, yes.
It is listed as a no-no in the 10 commandments so in truth eternal damnation is really penalty enough. Other than that the less government intrusion in our lives the better.
Let us as a community help out each other and support families and encourage strong and healthy family relationships. But lets keep the government out of our private lives as much as possible.
Let us as a community help out each other and support families and encourage strong and healthy family relationships. But lets keep the government out of our private lives as much as possible.
Related questions
140 characters left
ask any question
