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Old 11-24-2011, 03:37 PM
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ImaginaryIllusion ImaginaryIllusion is offline
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Heartfield: We don't need a polygamy law
Postmedia News November 23, 2011
Quote:
Aren't many women in monogamous relationships subject to those same harms? The judge dismisses that question, saying he was only asked to look at polygamy. "That harm may arise out of other human relationships, that is, monogamous ones, seems beside the point."

Actually, that is the whole point. This is a question of criminal law, not social policy. Marriages don't commit crimes; people do. It is the abuse itself, not the kind of relationship it happens in, that ought to be criminal. And indeed, is criminal.

In buying into the notion that our laws should attempt to manipulate our demographics, not govern our behaviour, the judge has underestimated the role of human agency. Criminalizing the community takes the emphasis off the moral responsibility of the abusers themselves (after all, they're only creatures of a bad marital code) and patronizingly assumes that no adult woman should be able to choose, freely and competently, to enter into a plural marriage.
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