Abstract
Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest-respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality-at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act.
| Original language | American English |
|---|---|
| Pages (from-to) | 43-59 |
| Number of pages | 17 |
| Journal | Criminal Law and Philosophy |
| Volume | 7 |
| Issue number | 1 |
| DOIs | |
| State | Published - Jan 2013 |
ASJC Scopus subject areas
- Philosophy
- Law
Keywords
- Crime
- Harm
- Immorality-Taboo
- Incest-Vice
- Wrongdoing