Okay. Having just read more about laws and legal theory about incest than I ever planned to in this life time the following is stated in regards to incest between adults of legal age:
1. A bunch of the jurisdictions I read throughout the US and Europe general argument is that incestuous relations are anathema to the biological di-hybrid nature of our species and that of higher order mammals as to be considered inherently offensive and wrong.
2. Many of the jurisdictions throughout Europe make the argument to genetic defects, these jurisdictions tend to be the same jurisdictions which do have laws requiring person be of a specific fitness to engage in the marriage contract (no people with genetic traits known to substantially increase the likelihood of genetic abnormalities).
3. Minority of jurisdictions hold that incestuous relations are never consensual even among adults. Arguing that the relationship between parent and child (even an adult child) establishes a special duty of protection and position of authority of the parent such that engagement in sexual relation with the child (even an adult child) is always coercive or (and this i thought was interesting) any engagement of an adult child with an elderly adult parent or grandparent constitutes a coercion by the child of an elderly adult of diminished capacity or dependency equivalent to that of the original parent child duty. (I never really considered that an adult would try to coerce there elderly parents in to incestuous relationship, but apparently it has happened.)
4. The majority of the jurisdictions basically utilize overinclusivity in regards to incestuous relations between adults. In short the legislature has determined the majority of incestuous relations are coercive (adult to child or older sibling to younger) and have past legislation stating that incestuous relations are illegal and prohibited in accordance withe states legitimate interest in protecting children and adults from coercion to improper or illegal conduct. This prohibition is overinclusive and includes adults in non-coercive incestuous relations. However, there is little motivation from the general populace on legislatures or courts to try to distinguish coercive incest from consensual incest.
1. A bunch of the jurisdictions I read throughout the US and Europe general argument is that incestuous relations are anathema to the biological di-hybrid nature of our species and that of higher order mammals as to be considered inherently offensive and wrong.
2. Many of the jurisdictions throughout Europe make the argument to genetic defects, these jurisdictions tend to be the same jurisdictions which do have laws requiring person be of a specific fitness to engage in the marriage contract (no people with genetic traits known to substantially increase the likelihood of genetic abnormalities).
3. Minority of jurisdictions hold that incestuous relations are never consensual even among adults. Arguing that the relationship between parent and child (even an adult child) establishes a special duty of protection and position of authority of the parent such that engagement in sexual relation with the child (even an adult child) is always coercive or (and this i thought was interesting) any engagement of an adult child with an elderly adult parent or grandparent constitutes a coercion by the child of an elderly adult of diminished capacity or dependency equivalent to that of the original parent child duty. (I never really considered that an adult would try to coerce there elderly parents in to incestuous relationship, but apparently it has happened.)
4. The majority of the jurisdictions basically utilize overinclusivity in regards to incestuous relations between adults. In short the legislature has determined the majority of incestuous relations are coercive (adult to child or older sibling to younger) and have past legislation stating that incestuous relations are illegal and prohibited in accordance withe states legitimate interest in protecting children and adults from coercion to improper or illegal conduct. This prohibition is overinclusive and includes adults in non-coercive incestuous relations. However, there is little motivation from the general populace on legislatures or courts to try to distinguish coercive incest from consensual incest.
