…Well, not always. What is immoral cannot always be illegal, nor should it be. Me in The Federalist on Jian Ghomeshi. My friend Rebecca Walberg, once PWPL blogger, would say this article falls into the “In Defence of Stigma” category.
There is a third way to consider this troubling trial. It is that Ghomeshi is simultaneously guilty in the culture by moral standards, yet not guilty in a court of law. This view encapsulates the idea that what is legal is not always moral and what is moral is not always legal. It should be perfectly feasible to stigmatize a behavior as wrong without taking it to court.