Ain't Nobody's Business If You Do
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''Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in Our Free Country'' is a 1993 book by Peter McWilliams, in which he presents the history of legislation against what he feels are
victimless crime A victimless crime is an illegal act that typically either directly involves only the perpetrator or occurs between consenting adults. Because it is consensual in nature, whether there involves a victim is a matter of debate. Definitions of vic ...
s, or crimes that are committed consensually, as well as arguments for their legalization.Review of ''Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in Our Free Country'' by Peter McWilliams
''
Publishers Weekly ''Publishers Weekly'' (''PW'') is an American weekly trade news magazine targeted at publishers, librarians, booksellers, and literary agents. Published continuously since 1872, it has carried the tagline, "The International News Magazine of B ...
'', October 30, 2000. The book is divided into five sections. *Part I gives a definition of victimless and consensual crime and outlines the difference between personal
morality Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...
and governmentally-imposed morality. *Part II presents arguments against the criminalization of victimless crimes. *Part III gives a closer look into some of the individual activities which the author classifies as consensual crimes, such as
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
and
marijuana Cannabis, also known as marijuana among other names, is a psychoactive drug from the cannabis plant. Native to Central or South Asia, the cannabis plant has been used as a drug for both recreational and entheogenic purposes and in various tra ...
use, but which the majority of criminologists would classify as victimless. *Part IV gives historical examples of the treatment of consensual and victimless crimes, such as
Prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
, and Biblical examples. *Part V advises readers on what to do to change the laws. Throughout the book are approximately six hundred quotations by noted thinkers on both sides of his positions (primarily supporters). McWilliams presents a variety of arguments against the criminalization of victimless crimes. Some are philosophical in nature: one argument is that laws against these crimes are based in religion, which violates the separation of church and state. He also claims that they are un-American, as they attempt to homogenize the country to a certain group's idea of morality, and that they create an oppressive society, restricting personal freedoms without justification. Another claim is that they teach irresponsibility, by not letting people deal with the natural consequences of their actions, but rather penalizing them whether or not their actions harmed anyone else. Other objections are practical: catching the "criminals" involved is an expensive affair. Victimless crimes draw manpower and funds away from crimes that do hurt innocent parties, and enforcement of the laws is not consistent enough to be an effective deterrent. He also argues that actions to help people deal with problems caused by these illegal activities are effectively prevented by their criminalization—for example, no one could be helped about their drinking problems during Prohibition. Additionally, he details how laws against victimless crimes paved the way for
organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
. Activities examined in detail in Part III include
gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three el ...
,
recreational drug use Recreational drug use indicates the use of one or more psychoactive drugs to induce an altered state of consciousness either for pleasure or for some other casual purpose or pastime by modifying the perceptions and emotions of the user. When a ...
,
medical marijuana Medical cannabis, or medical marijuana (MMJ), is cannabis and cannabinoids that are prescribed by physicians for their patients. The use of cannabis as medicine has not been rigorously tested due to production and governmental restrictions ...
,
prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...
,
homosexuality Homosexuality is romantic attraction, sexual attraction, or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexual attractions" to peop ...
,
pornography Pornography (often shortened to porn or porno) is the portrayal of sexual subject matter for the exclusive purpose of sexual arousal. Primarily intended for adults,
,
indecent exposure Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different ...
, and
seat belt legislation Seat belt legislation requires the fitting of seat belts to motor vehicles and the wearing of seat belts by motor vehicle occupants to be mandatory. Laws requiring the fitting of seat belts to cars have in some cases been followed by laws mandatin ...
. Until a few years after McWilliams's death, the text of this book (as well as McWilliams' other books) was available for free in its entirety through his archived web site; though all the books have been removed from that site in favor of links to online retail vendors, the texts have been archived in various formats by others.


References

{{reflist 1993 non-fiction books Books by Peter McWilliams Libertarian books