Should we legalize drugs? What is a “drug”? Maybe something like “a substance that one ingests which causes a psychoactive reaction, affecting the brain and body in measurable ways.” The debate is usually about non-medicinal drugss Is there a difference between hard and soft drugs?
Arguments against legalization Principle of Harm – Drugs make people harm others Principle of Paternalism – Drugs are so harmful to the users, the government must save them from themselves What would the Philosophers say?
Kant and Deontology? The use of drugs degrade the human person to a severe degree. Morality is about respecting the dignity of persons, the law should be so too. Therefore, non-medicinal Drugs should remain illegal
Aristotle and Virtue Ethics The point of morality is to be a person of good character; to possess the virtues of a good person. Drug use shows a lack of restraint, and personal care. It is immoral. Since the law should reinforce morality, non-medicinal drugs should be illegal.
Bentham and the Utilitarians It depends on which drug. For each drug we must ask “what causes more harm” the drug or the consequences of making the drug illegal? A hard drug like cocaine might be harmful enough that it should be illegal. I drug like, pot, however does not cause sufficient harm compared to the effects of keeping it illegal.
Utilitarian argument that Pot should be legal P1: Pot is not more harmful than alcohol and tobacco (it may be less harmful) P2: It costs the government time, money, and resources to keep it illegal. P3: Gangs are empowered by pot being illegal P4: If pot were legal, the government could save that time, money and resources, P5: If pot were legal, the government could tax it for revenue. P6: If pot were legal, gangs would have less power P7: People enjoy pot _______________________________________________ C: Pot should be legal
Mill and the Libertarians The Principle of Liberty requires that ONLY actions which quite clearly harm others can be illegal. For most drugs, this has not been proven beyond doubt. It follows that adults have a right to ingest whatever they like.
But is paternalism ever justified? Mill thought it was in one extreme case. He said that the law cannot permit a person to sell themselves into slavery. The point of a just society is to maximize individual freedom, slavery is the opposite of that. Is addiction a form of slavery?
What does it mean to be free? At the very least, in order to be free, we have to be able to control our actions. We have to have the power to decide how we will act. Can the addict do this?