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Originally Posted by peter12
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It does, until the law is codified in legislation and regulations which takes precedent over common law rules. If there is no legislation, the common law carries the day. But the common law changes and some laws and legal principles are vastly different today than they were centuries before.
It is grounds for a divorce, but does not imply fault on either party. As i said, divorce in Canada implies no fault. You're argument claims it does (i.e. breach of contract)
The law is to settle issues of legality and illegality. Some laws are based on morality but the vast majority are not. Where is the morality in the law that says marijuana is illegal, or drinking at the age of 18 is legal, or that meat in restaurants must be cooked past 60 degrees celsius, or that going over 30 in a school zone is speeding. These are legal determinations rooted in a abstract and distant moral background.
Is drinking at 17 morally wrong? is doing cocaine at 45 morally wrong? who knows! but they are illegal. Try arguing morality when defending the above in court.
Is cheating morally wrong (this is a loaded question as morality and moral notions are subjective)? yeah! is it illegal? nope. Does it sway the distribution of assets in a divorce? nope.