Via Instapundit comes a link to a post on Balkinization that proposes to create “A new crime of “reckless sexual conduct…”.
Basically, the idea is to prevent date rape and STD’s by making it a crime not to use a condom during a one-night stand. There are lot of practical and moral objections to such a law. I don’t think it has the hope of seeing the light of day but it is still a good example of a cultural and legal phenomenon that has been going on since the sexual revolution.
A pattern has emerged in the way we treat the rules for sexual relationships: (1) We start with a traditional culture based rules which may or may not be strongly enforced by formal law. (2) The argument is advanced that the traditional rules are irrational, oppressive, no longer needed etc (3) Both culture and law are changed to destroy the culture based rules. (4) To the surprise of everyone except elderly grandmothers, the new rules have unanticipated negative consequences. (5) To address these consequences, new formal laws are created that bring us back to a state very much as in (1).
In short, after destroying Victorianism culturally we recreate it in formal law. What was once enforced by the soft power of culture becomes enforced by the hard power of the state.
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