Should laws be made with morality in mind?

By Shiftrox_ | True Reflection | 5 Jun 2025


Ethics and morals go hand in hand. At least I think so. There is a saying that something can be immoral, but not illegal, so far so good, but in my opinion, I think that if something is immoral, depending on what it is, it can be something that is very bad for people. When laws are drafted, they must be considered in several scenarios and, of course, not all of them consider the morality of things, but I think there are certain levels of this and that, depending on the degree of immorality, the same should be attributed in the laws.

It's complicated to explain, but I think it would be something like this. We have the freedom to do whatever we want, until it goes beyond some law, then it becomes illegal, but what if something I do also has a very low morality? Deceiving people, lying, cheating, things like that can be very immoral, but they may not fit into a specific law that will result in prison. An example that has generated controversy, for example, are jokes made by comedians, many find them immoral and disrespectful, but they are jokes in a fictional setting, this should not lead to prison... until now.

Here in Brazil, we are experiencing something almost unprecedented of this kind, as a comedian was sentenced in the first instance to 8 years in prison for “harsh” jokes, which allegedly contained racism, prejudice, xenophobia, among other things. Ok, it may be immoral and very annoying to see sensitive topics being used as jokes, in truly bad taste, but this is all fiction, a controlled testing environment and, therefore, no law should be applied, no matter how harsh the joke was. Immoral, yes, but illegal? It couldn’t be, it shouldn’t be.

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Now let's think a little deeper into the world's daydreams. Is threesomes a crime? Not in Brazil. Even though many people think this is crazy or disrespectful, if there is an adult man and two adult women (and preferably all free from relationships) and they want to do this to each other, it is not a crime, although it is immoral for many people because of religious ideas or the fact that they imagine these people are delinquents, crazy and shameless, in short, many adjectives would be used, but this is not a crime. Sometimes people just want to have fun and this fun will not hurt anyone.

In Brazil, consensual sex between three adults, such as a threesome, is not considered a crime, as long as all parties involved are over 18, have full use of their mental faculties and freely consent to the activity.
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So, the discussion about what a law can or cannot interfere with is very broad and this only shows that the same scenario can have X interpretations, what for some is fun, for others can be the end of the line. Therefore, I think that laws should consider degrees of immorality. If I want to do something immoral like threesome sex, that's fine, if all parties agree, what's the problem? Now, some immoral lies only deceive or cause physical, mental or financial harm to people, this could somehow be included in a law, couldn't it?

I think that trying to understand and qualify these levels of morality helps to define whether a law should be applied to this or that. It is strange to agree with the saying, but yes, what is immoral may not be illegal and that is how it works. To change, we need to vote for serious politicians, conduct a study, collect data, talk and discuss an idea and try to put it to a vote so that new laws can be created. In any case, I think the best thing is to try to be an ethical person who lives by respecting the laws and people.

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Shiftrox_
Shiftrox_

Founding Member of HiveBR | Content Creator on Hive and Publish0x | Passionate about Investments, Web3 & Freedom


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