Incest and the forbidden degrees of marriage in Scots law

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Abstract

Sexual intercourse between a person and certain close relatives will, in some circumstances, constitute the crime of incest in Scots law (The Sexual Offences (Scotland) Act 1976, s 2A, as inserted by the Incest and Related Offences (Scotland) Act 1986); a purported marriage between a person and certain other close relatives will have no effect and will be void (The Marriage (Scotland) Act 1977, s 2, Sched 1, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986). This article aims to examine the rules of law contained in these two provisions and, in particular, to analyse the justification for these rules. It is not to be questioned that all rules of law demand justification, and it is submitted that if a statutory rule has no justification it demands repeal. This article will argue that there is no justification for criminalising incest, and no justification for prohibiting marriage between parties within certain degrees of relationship.
Original languageEnglish
Pages (from-to)216-217
Number of pages2
JournalJournal of the Law Society of Scotland
Volume37
Publication statusPublished - 1992

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marriage
act
Law
constitutional state
offense
sexual offense
human being
demand

Keywords

  • family law
  • incest
  • scots law

Cite this

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title = "Incest and the forbidden degrees of marriage in Scots law",
abstract = "Sexual intercourse between a person and certain close relatives will, in some circumstances, constitute the crime of incest in Scots law (The Sexual Offences (Scotland) Act 1976, s 2A, as inserted by the Incest and Related Offences (Scotland) Act 1986); a purported marriage between a person and certain other close relatives will have no effect and will be void (The Marriage (Scotland) Act 1977, s 2, Sched 1, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986). This article aims to examine the rules of law contained in these two provisions and, in particular, to analyse the justification for these rules. It is not to be questioned that all rules of law demand justification, and it is submitted that if a statutory rule has no justification it demands repeal. This article will argue that there is no justification for criminalising incest, and no justification for prohibiting marriage between parties within certain degrees of relationship.",
keywords = "family law, incest, scots law",
author = "Kenneth Norrie",
year = "1992",
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journal = "Journal of the Law Society of Scotland",
issn = "0458-8711",

}

Incest and the forbidden degrees of marriage in Scots law. / Norrie, Kenneth.

In: Journal of the Law Society of Scotland, Vol. 37, 1992, p. 216-217.

Research output: Contribution to journalArticle

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T1 - Incest and the forbidden degrees of marriage in Scots law

AU - Norrie, Kenneth

PY - 1992

Y1 - 1992

N2 - Sexual intercourse between a person and certain close relatives will, in some circumstances, constitute the crime of incest in Scots law (The Sexual Offences (Scotland) Act 1976, s 2A, as inserted by the Incest and Related Offences (Scotland) Act 1986); a purported marriage between a person and certain other close relatives will have no effect and will be void (The Marriage (Scotland) Act 1977, s 2, Sched 1, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986). This article aims to examine the rules of law contained in these two provisions and, in particular, to analyse the justification for these rules. It is not to be questioned that all rules of law demand justification, and it is submitted that if a statutory rule has no justification it demands repeal. This article will argue that there is no justification for criminalising incest, and no justification for prohibiting marriage between parties within certain degrees of relationship.

AB - Sexual intercourse between a person and certain close relatives will, in some circumstances, constitute the crime of incest in Scots law (The Sexual Offences (Scotland) Act 1976, s 2A, as inserted by the Incest and Related Offences (Scotland) Act 1986); a purported marriage between a person and certain other close relatives will have no effect and will be void (The Marriage (Scotland) Act 1977, s 2, Sched 1, as amended by the Marriage (Prohibited Degrees of Relationship) Act 1986). This article aims to examine the rules of law contained in these two provisions and, in particular, to analyse the justification for these rules. It is not to be questioned that all rules of law demand justification, and it is submitted that if a statutory rule has no justification it demands repeal. This article will argue that there is no justification for criminalising incest, and no justification for prohibiting marriage between parties within certain degrees of relationship.

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