Sunday, November 15, 2009
The natural law take of sexting
I would like to look the natural law view of the sexting issue that we have been discussing on the blog. We certainly look at what the positivist has to say about sexting. We know that if it is illegal and we do it, the positivist surely knows that we should be convicted of the crime as it was written down and distributed throughout our society. The Natural law theorists may have a hard time interpreting laws that surround sexting. Because sexting is a new phenomenon, it is hard to relate how the sexting should be regulated. While it might be considered inherently bad to share naked pictures of yourself to others, it is hard to say how it should be regulated in the context of electronic media and distribution. How does a natural law theorist respond? My best guess is to try to use abstract circumstances from the past of similar problems and attempt to deduce a solution for modern problems. This is often one of the problems of legal theory, it runs aground and fails to stand the test of time. What does everyone else think?
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A Natural Law theorist would believe that sexting violates universal moral values and should be restricted if not forbidden in society. Laws could be enacted that restrict sexting to adults (persons over 18). Either way, sexting is just another example of the law being response based and behind technology.
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