Immorality and the Law

Such a distinction exists, but it cannot be made sharply because there are a large number of intermediate anti-social acts which some sections of the community regard as major, while others regard them as minor, or even, in some cases, as not anti-social at all. The only convenient test we can apply is the strength of the social reaction—provided we are dealing with an act which is definitely anti-social, injuring recognized rights, and not merely an unusual or disgusting act.⁶ When an anti-social act meets with a reaction of social indignation which is fairly universal and permanent, it may be regarded as a crime coming under the jurisdiction of the law. If opinion varies, if a considerable section of the community revolt against the punishment of the alleged anti-social act, then we are not entitled to dignify it with the appellation of "crime." This is not an altogether sure or satisfactory criterion because there are frequently times and places, especially under the stimulation of some particular occurrence evoking an outburst of increased public emotion, when a section of the community succeeds by its noisy vigour in creating the impression that it voices the universal will. But, on the whole, it works out justly. Ethical standards differ in different places at different times. They are, indeed, always changing. Therefore, in regard