Policing Morality: Constitutional Law and the Criminalization of Incest

19 Pages Posted: 8 Oct 2009 Last revised: 24 Aug 2011

See all articles by Markus D. Dubber

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Date Written: September 15, 2009

Abstract

This paper considers the constitutionality of so-called morals offenses, paying particular attention to the crime of incest. It focuses on two recent judgments by the U.S. Supreme Court (Lawrence v. Texas, on homosexual sex) and the German Constitutional Court (on adult sibling incest) and draws on the distinction between police and law.

Keywords: criminal law, constitutional law, autonomy, police, incest, homosexual sex, Lawrence v. Texas

JEL Classification: K14, K30

Suggested Citation

Dubber, Markus D., Policing Morality: Constitutional Law and the Criminalization of Incest (September 15, 2009). Available at SSRN: https://ssrn.com/abstract=1485552 or http://dx.doi.org/10.2139/ssrn.1485552

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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