A libertanian critique of incest laws: Philosophical and anthropological perspectives

Abstract

Abstract This article is a libertarian critique of incest laws. On the basis of the libertarian “harm principle”, one must ask what exactly is the harm that incest brings forth. Traditionally, anthropologists have tried to rationalize the incest taboo in various theories, and lawmakers have used these principles as grounds for the criminalization of incest. These principles are the preservation of family structure, the enhancement of alliances and the avoidance of genetic risks. While I acknowledge that these rationalizations are plausible, I argue that they are still not sufficient grounds for the preservation of incest laws, and consequently, there is an ethical need to reform them.