Jade lives near an old graveyard (no new burials in decades), and walks her dog there, even though it’s against the law. Sometimes headstones emit steam, and Jade swears she’s heard moans coming from the ground. No, not really. But walking her dog there really is illegal. Should she continue?
Before answering, remember that good law tracks morality, but doesn’t determine it. That is, just because something is legal doesn’t mean it’s necessarily moral (consider slavery, once fully legal), and just because something is illegal doesn’t mean it’s necessarily immoral (consider when it was illegal for women to vote). The law states what’s legal, not necessarily what’s moral. So don’t fall into the common trap of basing morality on legality – the two are related, but distinct. In fact, every so often (OK, continuously) people need to reflect in order to clarify what the law should say, to ensure it continues to better align with morality.
Jade’s not dealing with anything as consequential as slavery or suffrage – just a little doggie exercise. But while she might be quiet and respectful, pick up after her dog and not do any obvious harm (after all, the residents are dead… even if they sometimes moan), her presence may signal to less reverent pet owners that it’s OK for them to break the law, too. Before you know it, dogs are marking their territory on headstones, digging up graves, fighting over human hip bones – not pretty. There’s also a risk (however distant) that a family member could show up and cause a scene. “Let go of my great-grandmother’s pearls, you beast!!”
The crux of the case in favor: “[G]iven that the law was probably written to respect family members’ grief and to enable them to honor their loved ones in peace, it seems that the spirit of the rule doesn’t really apply.” Jade would be giving her dog some much-needed exercise, and she seems exceptionally polite and thoughtful. Maybe her presence actually honors the graves? Maybe many of the deceased were pet lovers?
So which is it – should Jade continue walking her dog in the cemetery, maybe with certain conditions (and an exorcist)? Or should she refrain? And most importantly, why?