Ain't Nobody's Business If You Do

Ain't Nobody's Business if You Do: The Absurdity of Consensual Crimes in Our Free Society (ISBN 0931580587) is a book by Peter McWilliams in which he presents the history of legislation against consensual crimes (also called "victimless crimes"), as well as arguments for their legalization.

The book is divided into five sections. Part I gives a definition of consensual crime and outlines the difference between personal morality 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 classified as consensual crimes, such as prostitution and marijuana use. In Part IV, McWilliams gives historical examples of the treatment of consensual crimes, such as Prohibition, and Biblical examples. Part V advises readers on what to do to change the laws. Throughout the book are over a hundred quotations by noted thinkers on both sides of his position (primarily supporters).

McWilliams presents a variety of arguments against the criminalization of consensual 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. Consensual 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 criminilization -- for example, no one could be helped about their drinking problems during Prohibition. Additionally, he details how laws against consensual crimes paved the way for organized crime.

Activities examined in detail in Part III include gambling, recreational drug use, medical marijuana, prostitution, homosexuality, pornography, indecent exposure, and seat belt legislation.

The text of this book (as well as McWilliams' other books) is available for free in its entirety on the web.

Full text

Full text, from Peter McWilliams' web site