This is a philosophical debate. The only reason i will be in court is if i want to be there, out of many possibilities the only reason would be to take the blame for someone else.
I am under the impression you believe this would be my defense in court? But as everyone there would have some sort of evidence, my claim of it not being illegal is no-one can prove it would become irrelevent as they can?
It's not philosophical, it's cobblers. I could easily get you the legal definition of theft and show you that regardless of whether you are caught in the act, you have committed a crime if you, say, take something from a shop without paying for it.