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#1
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Is murder, theft, or related offenses legal ANYWHERE in the world?
As in the title. Is there any jurisdiction anywhere in the world that one could travel where it is 100% legal to kill, steal, or do other things in that vein that are pretty much universally considered crimes? I am pretty much thinking about areas within the jurisdiction of a country rather than the high seas, Antarctica, or Space, because the law in those places is entangled in extraterritorial law.
As a hypothetical, if a US Citizen traveled to some foreign country (or a jurisdiction in a foreign country) where it was 100% legal to beat people senseless and take their belongings, and then went on a "robbery" spree, would the US be able to exercise extraterritorial jurisdiction? Remember that this takes place in Outer Madhousistan and not on the high seas or some other location outside the territorial jurisdiction of a country. While rape and other sexual offenses can be considered in scope to this question, please do not make this a thread to only discuss how some jurisdictions permit spousal rape while still considering stranger rape to be an offense. Also, we are primarily talking about the law in theory. I know that there are places in the world such as Somalia where the law is not necessarily enforced to any significant degree because of a general lack of government. Last edited by robert_columbia; 05-16-2012 at 10:21 PM. |
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#2
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Unless you want to allow situations which the local law enforcement authorities would not consider murder, I doubt it. Or in a place with a breakdown of law and order like a war zone.
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#3
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I am interested if there is anywhere where this is actually legal in theory. I seem to recall that there are some countries where, while honor killings are not technically legal, the police will, in practice, look the other way as long as the killing was in keeping with community values. |
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#4
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Well you could include targeted drone attacks - seems just fine for the US to conduct them in Pakistan and Yemen according to US law. It'd be a totally different story if they took place in Massachusetts or Virginia...
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#5
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Those are acts of war. It would be completely legal if Fredonia declared war on the United States, and the Fredonian People's Army conducted drone attacks on military targets in the U.S.: that would not be a crime under United States law. (However, the peace-loving people of Fredonia might expect the United States to retaliate.)
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#6
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What war exists between the US and Yemen or Pakistan?
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#7
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None: The U.S. is fighting organisations like Al Qaida. Yemen or Pakistan could treat those attacks as constituting an act of war on the country, but they choose not to, for various practical reasons.
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#8
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Very compelling practical reasons...
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#9
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Okay, so putting war and related conflicts aside, what about theft? Or robbery? Or rape? You know, the other examples the OP included within the scope of his question.
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#10
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So it may be that what you are really looking for is examples of actions that are legal in another jurisidiction while a) illegal in your jurisdiction and b) "obviously" criminal in your judgment. Spousal rape is probably an excellent example. "Honour" killings (if they are actually legal anywhere) would be another. |
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#11
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#12
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There might be some places where it is legal to use questionable eminent domain laws to take property from someone, or scam someone out of their bank account using questionable but legal techniques ETA: or take things held in the public as common goods for yourself without the permission of the community (such as flowers ), but the classification of these as "theft" is a matter of morality and legality. The morality is debatable -- some of these instances are theft in my opinion. But if you were to post these as examples surely someone would say "That's not theft -- it's completely by the book!" Exactly.
Last edited by Ludovic; 05-17-2012 at 07:17 AM. |
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#13
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I'm certain that there is no place in the world with some sort of organised society in which murder and theft as such are legal, i. e. this is the law of the land.
There are, however, countries in which traditions and customs play a very important role in every day life to the point where the government has little influence in certain situations and laws are simply not enforced. Things like honor killings come to mind. But one would rather consider this a symptom of a weak or even failed state. When the Taliban ruled Afghanistan, killing a woman was probably not considered a capital crime at all but would rather be treated as a (albeit severe) case of property damage (I haven't checked this, but this would be my interpretation). |
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#14
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One story I read said that during the first Lebanese civil war in the late 70's, spoilled pampered offspring of eastern Europe party officials would visit Beirut for the fun vacation activity of shooting random strangers near the green line with sniper rifles.
Of course, that was more an issue of war zone, law and order breakdown, or whatever rather than legality. Similarly in the ungoverned areas of Somalia, piracy and hostage-taking seem to be acceptable activities. |
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#15
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Considering the Taliban began as a militia after the rape of several girls in Kandahar to punish warlords responsible I really really really doubt that.
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#16
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On the issue of honour killing it should be pointed out that even liberal advanced oh so enlightened England, the classic common law example of the defense of provocation was and still is a person finding a spouse committing adultary with another.
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#17
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Heck, in Florida it's legal to kill someone threatening you, even if you could easily run away.
That's not legal in, say, Massachusetts. |
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#18
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No, it's not. That is a inaccurate summation of what the Stand Your Ground Law says.
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#19
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Last edited by John Mace; 05-17-2012 at 04:14 PM. |
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#20
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Treason doth never prosper: what's the reason? Why, if it prosper, none dare call it treason. |
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#21
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And you fell into the very trap you were trying to unset for the OP. ![]() Shall we call it "spousal sex without consent"? |
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#22
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No, we'll need some pretext, else we'll lose diplomatic support. Why don't we send an ambassador over and have him subtly insult their leader. Maybe make like he'd refuse to shake his hand or something. That'll provoke them into a first strike.
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#23
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Yes, this is exactly what I am looking for and spousal rape and honor killings are good examples. I am not aware of any first-world jurisdiction where there are legal. It's much more fundamental than a local law banning fireworks where if you are unhappy with it, you can just move to a different jurisdiction where fireworks are legal and hardly anyone will point at you and tell you how immoral you must be for wanting to possess or use fireworks. I'm interested if there are any jurisdictions where such fundamental societal rules like "don't kill someone except in bona-fide self defense or on direct orders from the Government" or "don't take stuff that doesn't belong to you without the owner's permission" don't apply, or where they apply only with exceptions that would be considered unacceptable in most areas of the world, for example a society where the law permits creditors to break and enter into delinquent debtors homes to seize property to satisfy the debt or simply put a bullet in their head and collect from their estate, where convicted felons do not have human rights and it is legal (actually legal, not just tolerated in practice) to hunt them for sport and killing them does not constitute murder under local law, or where if one unmarried person forces sex on another unmarried person, it is not a crime unless the person who forced sex refuses to marry the "victim" (e.g., if J. Random HornyGuy forces sex on Suzy Innocent in the jurisdiction and Suzy complains to police, the police will ask JRH if he will marry Suzy, and if he says yes, he walks out of the police station a free man not because he has been forgiven, but because no crime cognizable under local law has been committed). Last edited by robert_columbia; 05-17-2012 at 05:06 PM. |
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#24
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The OP's question is what always puzzled me about those who tout the 10 Commandments as being the basis for US law. Take away the ones that we explicitly did not make illegal (like taking God's name in vain or honoring the Sabbath) and you have pretty much the same prohibitions as any other society in the world. It's not as though Japan allows murder, or theft is legal in India.
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#25
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Hey! I live in Fredonia! And it's IN the United States.
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#26
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The point is, though, that there are circumstances in which killing someone would be legal in Florida, but murder/manslaughter in Massachusetts. |
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#27
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Seriously? Like what, Fredonia, Kansas?
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#28
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Would the situations with 'uncontacted tribes' count?
The Sentinelese Islanders have several times shot fishermen and others who came too close to their island. They are not treated as being under any external laws, and do not appear to count shooting anyone they don't like the look of as a problem. |
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#29
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In the Federally Administered Tribal Area of Pakistan AFAIK it seems like it would not be illegal to kill someone who insulted your honor. At least under Pashtunwali (Pashtun tribal law) thats expected behavior.
However the local Jirga (tribal council) would determine if the killing was murder (in which case the victims family might have the right to get revenge by killing you) or was Badal (an honorable revenge). |
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#30
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I learned in an anthropology course that there's an Inuit tribe somewhere where "everybody gets one" in terms of murder. You can kill one, and exactly one person with no penalty, any more and you get capital punishment. Sadly, I don't recall enough of the specifics to produce a cite.
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#31
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Does anyone else have a cite? |
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#32
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From what I've heard, part of Afghanistan have functioned in exactly this way for generations. Some acts that would be considered crimes in most countries and cultures, are considered acceptable behavior with certain categories of others, i.e. murder and theft from parties considered outsiders or enemies of your clan is not a crime and may in fact be laudable behavior. Is it "legal" under Afghanistan law? Probably not. Is it discouraged in those particular remote provinces? Apparently not. Could an outsider come in and live under those rules? Good question and I'd guess the answer would be "no" especially if he was not Muslim. I frankly think the outsider would be considered fair game rather than welcome to try those behaviors for himself.
Last edited by gunnergoz; 05-18-2012 at 09:46 PM. |
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#33
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#34
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Yes, and yes. There are also at least a dozen more Fredonias in the country, including two in Texas.
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#35
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#36
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I think you are talking about the tribal areas that are putatively in Pakistan but effectively outside the control of the government there. In other words it is lawless territory where terrorist organizations have chosen to hide. That there are elements in the Pakistani government that wish to keep it that way is another issue entirely. You can't really declare war on a lawless territory so the US relies on the authorization of military force to go after organizations in those sorts of locations.
I think you could make a much better case for the drone killing of a US citizen without trial or warrant in Anwar Al Awlaki though a "dead or alive" warrant had been issued for him by a Yemeni judge. That does nothing to satisfy US law but it does take it out of the bounds of the OP I believe. |
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#37
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Taxation being theft I think quite the opposite is true. There is probably not a jurisdiction where theft is illegal. That is if you define theft as forcibly taking one's possessions or resources against their will... which is really the only definition that makes any sense. If you rely on the legal definition then you are just begging the question since they could define theft however they like to exclude anything they wished.
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#38
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So this concept that just because you're married to somebody you can't have sex with them whenever you want isn't a longstanding one. It's something that's developed within living memory, and not one of those things that's just "obvious". |
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#39
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cite please. Yeah I know you live in Pakistan... does the FATA areas run under Pakistan law... no they don't. Please give me a cite to the exact criminal codes they do accept?
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#40
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The Current criminal law applicable to FATA is the Frontier Crimes Regulations. |
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#41
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Again, we are not talking about "tax as theft" arguments or other similar political protests. We are talking about acts that many people (though, not necessarily all) would consider to be fundamentally antisocial. Also, remember that we are talking about theoretical legality, rather than cases where an act is technically illegal but it is widely tolerated in practice by police, prosecutors, or judges. Is the final answer going to be that there is not one single jurisdiction in all the world where it is legal to live a pirate's life, or where the "law of the jungle" is the fundamental substantive law in force in the jurisdiction? Last edited by robert_columbia; 05-28-2012 at 01:13 PM. |
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#42
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In common law countries, Adverse Possession is possibly the closest you can get; even then its strictly a procedural rather than a criminal matter.
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#43
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Most countries only allow their governments and government officers to kill their citizens in cases of great emergency, such as law enforcement officers killing the perpetrator of a crime to save an innocent third person at risk while the crime is in progress. Other than such cases, once the perpetrator has been captured and cannot harm another person, it would be murder for the state's officers to kill that person. State officers in those countries cannot kill persons in their custody. That is a fundamental societal rule, covered by the same criminal law as any other murder. However, in some countries, the government's officers are legally authorised to kill a person in custody who has been convicted of certain crimes, even if that person does not pose any immediate threat to another person. |
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#44
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#45
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Yes. The fact that it has a long history, may have biblical support in the past, etc. aren't really relevant to the discussion, since the question as I understood it was an actual difference in the laws. Plus, those exact same comments could apply to previously legal matters such as slavery.
Last edited by Northern Piper; 05-28-2012 at 09:16 PM. |
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#46
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It seems that this thread may be in the process of trainwrecking into a political debate. I'm going to stop posting here for a while and am going to modify/clarify my question as such:
1) Is there any jurisdiction where it is substantively legal (not just tolerated) for a private person to arbitrarily deprive another of property, outside of normal tax collection, lawful garnishments to satisfy judgments, etc., to such an extent that private property has no protection in law whatsoever and any person wishing to keep private property must defend it personally. E.g. a jurisdiction where literally anyone can just up and walk off with your stuff and the law will not get involved because private property rights are simply not recognized outside the context of actual possession. 2) Is there any jurisdiction where it is substantively legal (not just tolerated) for a private person to arbitrarily kill another person based on their own desire, or based on the private person's belief that the target has committed an offense (i.e. an honor killing), outside of the context of self defense against imminent harm, employment as a police officer, soldier, or other official explicitly authorized to kill as part of their job, or specific governmental order directing a specific person to be killed? E.g. a jurisdiction where J. Random Citizen, a private citizen who is not a government official of any type, can privately conclude that P. Rudeface has committed adultery with Citizen's spouse and may privately put a bullet in Rudeface's head without first reporting this to the police or obtaining specific authorization to proceed with the killing because Citizen possesses the right to make the judgement call himself and execute justice without getting the police, courts, or legislature involved in determining guilt or determining the proper penalty. 3) Is there any jurisdiction where it is substantively legal (not just tolerated) to force sexual activity (I will refrain from using the word "rape" lest someone reply and claim that if it isn't illegal, it technically isn't "rape") on someone who is not one's spouse? 4) Is there any jurisdiction where the local substantive law is literally "the law of the jungle"? That is, while the area is under the sovereignty of a country, the legislature or other lawmaking body (the lawmakers themselves, not the police deciding not to investigate, prosecutors declining to prosecute, or judges declining to hear cases) has decided that the area shall not be subject to regulation. I'm thinking that this place might be a recent historical example, but I'm not sure to what extent the lawlessness was due to a lack of substantive law and to what extent it was a practical matter related to difficulty or lack of interest in enforcement measures. |
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#47
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Bride kidnapping still occurs throughout the world and is even on the rise in areas such as Central Asia and China. Most governments (but not all) have outlawed bride kidnapping, but it is frequently not pursued as a crime by the authorities.
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#48
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#49
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Weren't you requested to change the name of your city, because it was hurting the picture?
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#50
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http://en.wikipedia.org/wiki/Frontie...es_Regulations "It permits punishment to be meted out by unelected tribal jirgas and denies the accused the right to trial by judiciary." "The regulation denies those convicted of an offence by a tribal jirga the right to appeal their conviction in any court." So if your Tribal Jirga decides that your killing was actually a Badal honorable killing there is no court of appeal. |
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