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Is it true that illegality requires volition? By which I mean that an object or anything else in and of itself can not be illegal but that there must be a prime mover if you will to create an illegality?

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As an example of what DavidOdden put so well, consider laws that ban things (guns, smoking, etc). Are cigarettes and guns at fault for being... cigarettes and guns, and therefore their very existence is illegal? No, that's ridiculous. With laws such as these, what is actually being made illegal is some choice involving the things. If guns were to be banned, it isn't that guns are illegal, it's that the choice to own a gun is illegal, leaving you only with the choice not to own a gun (which means there is no choice at all).

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