SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Bill Clinton Scandal - SANITY CHECK

 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: j_b who wrote (7757)10/7/1998 6:56:00 PM
From: jbe  Read Replies (1) of 67261
 
Well, actually, Bill did not commit sodomy (anal intercourse), but oral sex, which also is still illegal in a number of states, as is adultery, masturbation, fornication, etc.

Which brings us to an interesting (and relevant) discussion of the difference between "formal law" and "substantive" law. I copied out the following passage from something I was reading the other day, but unfortunately did not preserve the URL (so I don't remember the source).

Many laws— perhaps most laws—are not enforced.
Formal law, law as it exists on the books, is very different from substantive law, law as it is actually enforced.
The breach of some laws engenders widespread moral outrage, while the enforcement of other laws incurs
that same public wrath. "It's the law" can never be an excuse for sanctioning an act, because "the law" is a
hodge-podge of archaic long-forgotten, and ignored statutes that are never executed, along with those that
are respected and daily enforced. Masturbation is illegal in a number of states (Pennsylvania, for instance),
and in Indiana and Wyoming, it is criminal to encourage a person to masturbate. In forty-five states,
adultery is illegal; Connecticut calls for five-year imprisonment upon prosecution. Mere fornication is a crime
in thirty-eight states, and a breach of this law theoretically carries a fine of $500 or two-years imprisonment,
or both. Many states dictate the manner in which one may make love to one's spouse; cunnilingus and
fellatio, for instance, are against the law in many legal jurisdictions. In view of the near-universality of
masturbation among men and the fact that a majority of all couples marrying today engaged in premarital
intercourse, the virtual absence of any prosecution for these crimes is remarkable. Although sanctioning all
crimes without victims entails severe problems of logistical detection, with adultery at least, divorce suits
constitute a fertile field. In New York state, where until recently adultery was the only legitimate grounds for
divorce, thousands of divorces have been filed and granted in the past few years, yet almost no one is ever
prosecuted for this crime.
The enforcement of certain laws, therefore, cannot be taken for granted. Enforcement is problematic.
Thus, when a law is enforced, it is necessary to ask why. What is it that differentiates those laws that are
enforced and those that are not enforced?....

Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext