Why isn't adultery illegal?

[Atatürk]

I'm not advocating the stoning of adulterers like they do in Afghanistan, but why does the law turn a blind eye to it? A marriage consists of vows, which can in turn be broken. You might argue that the government has no right sticking its nose into people's personal lives, but it's legally recognised by the state and they get tax breaks among other benefits. Marriage is a legally binding contract and therefore adultery should be considered a breach of contract, leaving the offender suable. Adultery can also cause the victim extreme emotional trauma. It seems that with modernisation, the concepts of honour and shame have gone to bed, which begs the question as to whether society is morally deteriorating. Thus I am left pondering as to why adultery isn't illegal...

[Nietzsche]

I'm not advocating the stoning of adulterers like they do in Afghanistan, but why does the law turn a blind eye to it? A marriage consists of vows, which can in turn be broken. You might argue that the government has no right sticking its nose into people's personal lives, but it's legally recognised by the state and they get tax breaks among other benefits. Marriage is a legally binding contract and therefore adultery should be considered a breach of contract, leaving the offender suable. Adultery can also cause the victim extreme emotional trauma. It seems that with modernisation, the concepts of honour and shame have gone to bed, which begs the question as to whether society is morally deteriorating. Thus I am left pondering as to why adultery isn't illegal...

If marriage is a contractual arrangement where is the exclusivity clause?

[Helm]

You can't punish people for making private mistakes in their personal or for having a failed marriage. Well you can if you want to live in some kind of authoritarian state.

[Lord de Lyonesse]

'cos it happens all too frequently..

[Atatürk]

'cos it happens all too frequently..

It would if it goes unpunished.

[Lord de Lyonesse]

It would if it goes unpunished.

It happens all too frequently to actually criminalise the act of cheating ones partner. As past posts have indicated, movements calling for it to be criminalised look 'borderline fascist' and look out of touch in a world increasingly promiscuous and non-commital sexual liasons. Whether this is good or bad is beyond the point. If it were criminalised I think many millions would overnight become criminals and Berlosconi, the Italian Premier would be upheld as the Anti-Christ..

It's just not going to happen.

[Lordinquisitor]

Because there is nothing wrong with it. I mean sure, it isn`t nice for your spouse but that`s the way of life. Humans aren`t really supposed to be monogamous.

[Shams al-Ma'rifa]

Because there is nothing wrong with it. I mean sure, it isn`t nice for your spouse but that`s the way of life. Humans aren`t really supposed to be monogamous.

Yea.. I mean sureee it causes emotional distress and break your sense of self-worth but who gives a crap about that sort of stuff

[Helm]

It still would happen even if it was punished. Do you think banning alcohol would stop people drinking?

[Helm]

No-ones saying adultery isn't a lousy thing to do it just isn't a crime. People do lousy things all the time every day but they're free to do that. It's a matter of deciding where lousy behaviour ends and a crime begins.

[Claudius Gothicus]

In some places if discovered and taken into a divorce trial it will be taken into account and the one responsible can be punish in a series of ways(nothing like jail or anything though).

Adultery within marriage It's like breaking a public contract. Now if both partners don't really care nothing will happen, it's when one of the parts involved feels affected that the punishment might be triggered.

[Nanny de Bodemloze]

If you are trying to argue that it should be illegal to bring back some "golden era of morality" (remember: slavery, beating your wife, raping your wife, selling your children, killing a homosexual...all used to be legal in most advanced nations until relatively recently in history), how many good families would be created if people thought they would be criminally charged for adultery? Who the hell would get married, except for those wanting to enslave a partner (as is the case where it is illegal)?

This sort of suggestion is what happens when people confuse what is "nice" and what is "permitted". Being a jerk should never be against the law, because it leaves itself waaaay open to the next holier-than-thou nutcase who comes up with a more radical form of "follow my rules or die".

[Himster]

Divorce can easily punish the wrong doer, jurers are easily swayed by sob stories.

Anyway most adultery happens after the relationship has already broken down. A loveless marriage is not a marriage other than a superficial one and so is not adultery.

[Helm]

You could say criminals are jerks who take being a jerk a little too far, so all laws are against jerks. Though of course everyone on the planet at some point in their life is a jerk.

[Claudius Gothicus]

You could say criminals are jerks who take being a jerk a little too far, so all laws are against jerks. Though of course everyone on the planet at some point in their life is a jerk.

Don't you ever get tired of taking everything into an Hyperbole? I mean there's a huge difference between an adulterer and a penally punishable criminal.

[Atatürk]

I mean there's a huge difference between an adulterer and a penally punishable criminal.

Only in the eyes of the law.

Everyone should admit that the reason why adultery shouldn't be illegal is because you want to commit adultery without being punished.

This is also true. It's also the reason why everyone would be against the banishment of alcohol, despite its detrimental effects to society.

[Claudius Gothicus]

Only in the eyes of the law.

On western societies? during the XXI century? under the systematic process of liberalization that relationships like other facets of modern societies that has been taking place all over the western world?

Are you trying to imply that society sees adulterers as criminals? you do realize that you're taking your subjective individual view as that of the whole society and that doing such a thing is quite a big and obvious mistake?

right?

[Shams al-Ma'rifa]

Everyone should admit that the reason why adultery shouldn't be illegal is because you want to commit adultery without being punished.

[Théoric HämmerHörde]

Everyone should admit that the reason why adultery shouldn't be illegal is because you want to commit adultery without being punished.

No, that's not why at all. It's because the government has no business as the moral policy. If a law is in place to protect people, great! But having laws to make sure everyone is a morally upstanding person is pointless. First off, no matter how extensive the government's monitoring is, they could never eliminate jerky behavior. Second, it's none of the gov's ing business what I choose to do in my life.

[Atatürk]

It's because the government has no business as the moral policy.

Yes they do. Some governments believe that homosexuality is morally wrong, whereas others don't. Most governments also banish paedophilia. As is the act of stealing being made illegal. For example, one could claim that if he's strong enough to take it, then it's his right. Although the government's taken the opposite view These are all moral decisions taken by the government. It seems as if they've sown the seeds into your brain to treat certain morals as factual.

First off, no matter how extensive the government's monitoring is, they could never eliminate jerky behavior.

It might seem like that now, but over time, were the government to go in favour of my way, adultery would seem as bad as rape or murder. Not that either are necessarily morally wrong. The government's just decided that they are. If we apply the aforementioned example to rape, then we could argue that if someone was strong enough to rape another, then it is their right to do so, and the government has no right to intervene.