norml21 - Page 65
Page 65
Previous ,
Next ,
Original Image
Return to Index
rights of____anothero" State Zo Schut_, 295 SoW. 535, 536 (Mo.
1927) (emphasis added)°
"Common law 'arson' is the willful and malicious burning of
the dwelling house of another." ____9 vo L_ucas, 152 Ao2d 50, 70,
30 N.Jo 37 (1959) (emphasis added).
"The crime of 'false pretenses' is committed when chattelp
mol]ey, or valuable security is obtained f__ry)m another by making a
false representation of past or existing facts with the intent to
defraud and with knowledge of its falsity° _ Baum arn_.
Stat______gf 319 A.2d 592. 603, 21 Mdo Appo 251 1974) (emphasis
added) .
This same doctrine, by way of analogy, applies to crimes
against the person. If a person is committ±ng a crime against
himself or with a willing adult partner, e.go, consumption of
drugs, cross-sex massage, etc., why should he not be provided
with the same defense that exists if he were to commit a "crime"
against his property? Indeed, if his actions against his own
property are not an offense at all, there is no justification for
making actions or behavior which affect only himself, criminal.
"The only part of the conduct of anyone, for which he is amenable
to societyr is that which concerns others. In the part which
merely concerns himself, his independence is_ of rightr absolute.
Over himself_ over his own body and mind, the individual is
sovereign." Mill, suKE__, at 13. This principle has been
65
Previous ,
Next ,
Return to Index