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I think the idea that a law which criminalises a majority of the population is invalid stems from the following logic: 1. Governments are supposed to represent
by Djehngo 15y ago
I think the idea that a law which criminalises a majority of the population is invalid stems from the following logic:
1. Governments are supposed to represent the will of people
2. People would not want a law which criminalises them
3. By 1. and 2. any law which criminalises the majority would be rejected by a perfectly efficient government (where efficiency being the minimisation of overall dissatisfaction with the legal state)
I am not sure I agree 100% with 1 or 2 (Self interest and tragedy of the commons poke slight holes in each)
However the notion of a country where 51%+ of the people commonly committed murder is so far removed from our cultural norms it's a baseless comparison.