colander
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- Joined
- Aug 20, 2013
- Messages
- 1,780
Not quite. In many particular cases when a parent commits theft it's bad for a child to have the parent imprisoned, and it would be better to have some other punishment imposed, and this is often taken into account during sentencing. But that's not an argument for not imposing criminal penalties in cases of theft. For that matter, here is a reductio ad absurdum argument. If it's not as bad for a child as having a parent put in prison for murder, then you probably shouldn't impose criminal penalties on parents for doing it. Many unfortunate children suffer greatly because their parents have been imprisoned, quite rightly, for serious crimes.
Your comparison ignores a vitally important distinction between the prohibition of theft and the prohibition of infant circumcision, to wit: in only one of these cases does there inarguably exist a group of people who benefit when those prohibitions are enforced.
Anti-theft laws are intended to benefit people who might otherwise become victims of theft. That children may be inconvenienced by the imprisonment of their thieving parents is unfortunate, but their misfortune can not in the general case be said to supercede the benefit to society that is served by imposing legal penalties upon those who would thieve: this benefit and this detriment are being imposed on groups of orthogonal membership, and it thus makes sense for a society to decide that the favor done by anti-theft laws for people who would prefer not to fall victim to ubiquitous passels of never-imprisoned thieves (that is, everyone) is large enough in magnitude to mitigate the ill done to the comparatively much smaller number of children who may suffer if thieves are jailed.
Any instance of enforcement of an anti-infant-circumcision statute, by contrast, cannot seriously be said to furnish an improvement in the lives of future potential victims of those perpetrators, as that set of people is exactly superimposable upon the set of people who will be made parentless as a consequence of that act of enforcement.
Criminalizing circumcision can thus only possibly benefit society if the laws are able to effectively deter circumcision from ever happening in the first place... but in order for that to happen, there must be some kind of effective child-circumcision reporting dragnet in place. But how many of the people who are likely to have an opportunity to notice such an infraction will end up deciding to report it, given the gravity of the consequences this dime-drop will end up imposing on the circumcised child?
Even if you truly feel that infant circumcision is a bad problem that everyone should immediately stop doing, it is difficult to argue that criminalization is anything like a viable solution. Positive outcomes on this front would be best obtained not by attempting to impose consequences on violators by force of law on violators, but by propagation of informational campaigns that discourage the practice.