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Posts Tagged ‘crimes’

It’s the classic pitfall. The law tries to prevent a reprehensible act of fraud (in this case, obtaining sex from one’s brother near-sleeping girlfriend by impersonating the brother). However it does so by passing a law whose language is much broader than it should. The result is yet another encroachment by the law into an area it has no business being in.

Read Eugene Volokh’s excellent discussion on a potentially chilling statute that is being pushed for passage in Massachusetts. Also the comments under Volokh’s post are interesting; below are some of my favourites.

Make-up is now to be illegal in Massachusetts, as are Wonderbras and those ass-padding panties.

Did they just outlaw the greater bulk of bar-room pick up lines?

OK, let’s take a hypothetical 25 yr old Tom and 16 year old Suzy. Suzy tells Tom she is 19, and they have sex. In both Texas and Mass, this is rape. In Texas, she’s the victim, in Mass, he is. Makes sense to me!

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Jeffrey Rosen, in an excellent article, reminds us that moral legislation is far from dead. Indeed, as points out, the repeal of certain laws (such as those that criminalized homosexuality) should not be viewed as a victory for civil libertarianism but merely as a statement that American society no longer views the concerned act as wrong. An important distinction, in my opinion.

However– as Eugene Volokh points out, oddly, does not refer to the recent case in which the old Texas ban on dildoes was struck down on the grounds that it violated the right of “adult consensual sexual intimacy in the home.” Assuming that a significant proportion of Texan society looks down upon such toys, that case was a rare victory for the libertarian principle of personal freedom.

(Link via The Volokh Conspiracy)

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