I wonder whether anyone might be able to suggest examples of situations, in various countries, where the law is considerably more indulgent toward a given practice than prevailing views within society at large, because law-makers assume that conventional morality will dissuade people from “abusing” their legal rights, exercising them in what most people consider “irresponsible” ways. For instance, U.S. law tolerates a great deal more in hate speech than any other Western society; but then we’ve never suffered the Third Reich.Please respond directly to Professor Osiel.
Tuesday, September 17, 2013
An Author's Query
Mark J. Osiel, University of Iowa College of Law, asks: