Notes

Not only is there a moral obligation to not engage in crimes, however there are a plethora of laws that do not stem from moral obligations, but instead from legal and governmental ones. People obey laws from an authoritative standpoint even though some of them might not have been created out of moral intent. This can be seen in laws such as speeding and other motor vehicle crimes. It is not immoral to go over a speed limit however there is a safety and legal obligation not to do so. Does law create morality or does it stem from our human nature.

Allowing yourself to be arrested is a form of implicit consent. Ideally, when one is being detained in handcuffs, it is implied that a law has been broken and precautionary measures must be taken to ensure safety. There is a tacit respect given to the authorities due to the fact that they are in place to ensure the safety and law for everyone. This consent if not given in the authorities will even result in more consequences as that in itself is a crime. Without this consent, the person who is being detained could be put in an uncomfortable and untrustworthy situation in which they could potentially act out in negative ways.

Defending the idea that the government has the ability and right to punish those who commit mala in se is much easier to defend rather than if it was mala prohibita. Social contracts were made out of the desperation for needs of protection and moral obligations from citizens rather than things soley the government wanted. Therefore government cannot engage in activities that are outside or prohibited by the contract. Examples of this can be seen in zoning restrictions on what people can do to their yards such as expanding or building a fence in a certain area that is limited by local government.