Incest and the Law
Written by johnleemk on 9:46:27 am Mar 18, 2007.
Categories: Law, Philosophy and Religion
After I wrote about legalising homosexuality, "mich" wrote to ask:
"Any act between two consenting adults should be permitted, provided this act does not infringe on the rights of others."
I agree. And because of this statement too, it is also good to be called that the incestous-relationship btw 2 grown up consenting adults should not be criminalised too, agree?
Incest is a considerably more difficult issue because it is even more reviled than homosexuality. I suppose the interest in incest as an issue crops up because of the case of the German brother and sister who met after being separated at birth and then fell in love.
The trouble with incest, I think, is that if you permit incestuous relationships, you are basically permitting people to reproduce despite incredibly high odds that their children will be physically harmed. (Genetics are a nasty thing for siblings in love.)
On the other hand, one could argue that we allow people with genetically-transmitted diseases to reproduce. Heck, it's not unheard of for deaf couples to specifically attempt to have deaf children just to satisfy themselves, so what's wrong with permitting an incestuous family?
This is a far more tricky issue than homosexuality that has no right or wrong answer. I believe incest is unethical and immoral, but at the same time, provided the effects of the relationship are confined to the two consenting adults, there seems no reason to prohibit it from a legal perspective.
For this reason, I would be tentatively supportive of legalising incestuous relationships. Whether I would support legalising reproduction between closely related consenting adults, however, is a different story.
Here, I would have to err on the side of forbidding reproduction between incestuous couples, barring technology that significantly reduces the likelihood of producing children whose bodies have been irreparably harmed by inbreeding.
Even so, it can be difficult not to sympathise with two people who are clearly in love, and have simply been unfortunate enough to be related by blood. Under normal circumstances, growing up with someone is sufficient to prevent a romantic relationship, but as we live in a more complicated world, there will be more and more cases where family members are separated from a young age, and later fall in love with each other when they are reunited.
This is a question that is not easily resolved. But if we are to err on the side of caution, it seems clear that though we may legalise incestuous relationships, we should be far more cautious about legalising incestuous parenthood.
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| Related comments from forum thread "Consent (yes, that kind)": | |
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johnleemk
Infernally Rambling Thoughtless Mind Head Administrator Posts: 948 IP Logged | Posted at 8:08:16 am Nov 25, 2005
Sexual consent. Under what conditions do you think consensual sexual relations can be engaged in? I know most (if not all) of us here are virgins, but seeing this in the newspaper today made me wonder... In England, a judge ruled yesterday that even if you are drunk and have no memory afterwards of doing so, a "consent" given is still a consent. However, under common law and precedent, someone who is intoxicated cannot legally consent to sex. How do you feel about this? I don't think anyone who is under the influence should be able to give consent. If you can't drive, why can you f***? Drunkenness only makes you more susceptible to being manipulated into a relationship you don't want. (Yes, I know the irony - the hardest alcoholic beverage I've ever consumed is shandy.) What about drugs? (Again, I suspect none of us have gone on an LSD trip before.) I think it's pretty clear that if you think you're being swallowed by a colourful monster, you have no business consenting to sex. Any sexual relations you engage in with another person are statutory rape. Now, on a less legally-blurred line, what about age? What do you think should be the minimum age of consent? How should paedophiles or minor-with-minor sex be punished? I think 21 is a pretty decent age for consent, but it does strike me as rather arbitrary - what makes a person on his/her 21st birthday so different from the day before in terms of maturity? And as for sex among minors (as an aside, I think that's gross), I don't know. I'm a minor myself, and I find most of my peers (in other words, most of the people who will respond to this post) way too immature to be getting anywhere near a pharmacy with intent to purchase a contraceptive device, let alone losing their virginity. Some people I know who are older than me find it impossible to believe a 13-year-old is capable of consent. Can the Forum Psychiatrist help out here? |
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ricardo
Member Posts: 73 IP Logged | Posted at 10:11:44 pm Dec 4, 2005
Nuitari has it right. no_game, you said condoms can't prevent you from getting AIDS. That's pure bulls***. It's one thing to say that condoms don't protect you from some methods of transmission. It's another thing to imply (as you did) that condoms are totally useless. Next time think before you make a brain fart. |
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User61
Member Posts: 17 IP Logged | Posted at 11:08:06 pm Dec 9, 2005
More OT fun: I think what no_game was implying is that condoms will not reduce the probability of contracting AIDS to zero, which is a fact. |
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Nuitari
Member Posts: 224 IP Logged | Posted at 1:30:34 am Dec 10, 2005
actualy i think no game is saying he thinks ppl kisses so wildly till thier gums bleed hu the hell kises like that? ur kissing hr not biteing |
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User61
Member Posts: 17 IP Logged | Posted at 10:18:37 am Dec 10, 2005
It pains me to say this.. grow up people. Grow up. |
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johnleemk
Infernally Rambling Thoughtless Mind Head Administrator Posts: 948 IP Logged | Posted at 12:14:19 pm Dec 10, 2005
Hehe. We're all only 15. You should be glad we can hold discussions at this level. |
