If “Everyone Does It,” Then You Can Too

  • Charlie Melman

Abstract

I argue that the “But Everyone Does That” (BEDT) defense can have significant exculpatory force in a legal sense, but not a moral sense. I consider whether legal realism is a better theory of the law than the more orthodox view of respecting the law as it is written. I next examine what the purpose of the law is, especially attending to how widespread disobedience is treated. Finally, I attempt to fit BEDT within Paul Robinson’s framework for categorizing defenses. I conclude that, first, BEDT can have significant exculpatory force; second, a BEDT plea does not comport with either Robinson’s definition of an excuse or other commonly held conceptions and so needs its own classification; and finally, BEDT does not exonerate the offender in a moral sense—only in a legal context.

Published
2018-04-19
How to Cite
Melman, C. (2018). If “Everyone Does It,” Then You Can Too. Stance: An International Undergraduate Philosophy Journal, 9, 27-31. Retrieved from https://openjournals.bsu.edu/stance/article/view/18
Section
Articles