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Gina C
Lv 6
Gina C asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Regarding ADULTERY: Should it be illegal? A crime? why or why not?

I read the article about the korean law that allows for adulterers to be jailed: http://news.yahoo.com/s/nm/20081030/od_nm/us_adult...

It got me thinking... Marriage is a contract that is foundational to society. Should there be a criminal or financial penalty for cheating someone out of the promised return of their reproductive capacity, and 20 years of co-parenting?

If you believe that it should be a crime, or illegal, to commit adultery - what should be the penalty?

If you believe people should be free to break contracts, even those foundational to society... which other ones are fine to break?

Update:

we do put people in jail for fraud though... Lying to your spouse while pretending to be fulfilling your contract is the normal means of committing adultery.

Update 2:

regarding the guy who said that the government does not need to be involved... nobdy makes anybody get married. it is a freely entered contract between 2 people. they have limited their own freedom, by free choice, for the implied return... If one person limits his/her freedom in exchange for the limit on the other's freedom,.. isn't cheating people something the law is supposed to prevent?

Update 3:

Regarding 'keeping prisons open for real criminals'... society bears a high cost from single parent children, and the children themselves bear a high cost... higher than the cost of most of the things people are imprisoned for now.

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    i dont know where your from but most american states have laws against adultary on the books also theres the civil law that if you make love to my wife you have left your self open to alienation of afection and i can sue for that and also divorce the woman and sue her for the price of my conjugal rights with her theres been cases lately and the person sueing won

    Source(s): same for the woman
  • rich k
    Lv 6
    1 decade ago

    In what way is marriage "foundational" to the country? All it's ever been is a civil contract, either a business partnership or a transfer of property. The idea that it's more is purely a religious teaching, and, under the 1st Amendment, we don't allow laws compelling people to follow one religion, or forbidding them from following another. The marriage laws were a result of social conditions which made it impossible for women to achieve economic independence, as those conditions have changed increasing numbers of women have chosen not to marry. The Christians may object, but, in the words of John Adams, "As the Government of the United States is not, in any sense, founded on the Christian religion, the United States is not a Christian Nation any more than it is a Jewish or Mohammedan Nation."

  • 1 decade ago

    OMG our jails are already over flowing. We would be knee deep in trouble.

    70 percent of married men have cheated, and 60 percent of married women.

    That would only leave 30 percent of married males out and 40 percent of married female and these innocent people would be the ones footing the bill.

    remember the people in jail get free room and board and food athe the the now add in the other crooks. etc. I see more people in jail then out on the street.

    Can we see what a mess that law might make.

    Part of the reason they allowed booze to come back was not only for the tax dollars but to keep the jails open for the real criminals.

  • 1 decade ago

    If I don't stay faithful to my wife because I freely choose to, out of love and devotion, but because I am afraid I'll be punished by my government if I don't, then I am living a lie and the contract loses any kind of sacredness that it may have had.

    It's not unlike asking, "why don't we make all china and glass sculptures and figurines out of plastic instead? They would never break." The beauty of a marriage contract is that it is so vulnerable and fragile, and therefore it is sacred and cherished and must be handled with care and treated with respect.

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  • Anonymous
    1 decade ago

    We don't put people in jail for breach of contract in this country. What you suggest used to be the law of the land until 'no-fault' divorce became prevalent, that's why so few spouses get alimony anymore. Our current system is a reaction to spouses who push each other to cheat by nagging, lack of employment, etc. (no excuse)

  • 5 years ago

    I have heard of several civil lawsuits being filed against adulterers and their adulterous partners in the USA but I don't believe I have ever heard of anyone being brought up on criminal charges in modern times. In some muslim & 3rd world countries adulterers can be stoned to death, beheaded , executed or imprisoned .

  • Anonymous
    1 decade ago

    This is not contract law. This is moral law. The government has no business deciding morals. This law should be unconstitutional.

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