Drugs and Autonomy Flashcards
Drug
chemicals that can affect bodily functions or structures
Drug Abuse
drug usage society disapproves like recreational, proscribed or illegal or continued usage because of dependence or withdrawal
Drug Dependence
strong reliance on the effects of a drug coupled with psychological or physical distress when the drug is withdrawn
Drug Addiction
a chronic brain disease that causes compulsive drug seeking and use despite harmful consequences to the addicted individual and to those around them
Legalization
makes the production and sale no longer a criminal offense
Criminalization
makes the use a crime (possession/sale included)
Decriminalization
makes the use no longer a crime
The Harm Principle
the government is justified in limiting the liberty of some to prevent harm to others
The Paternalism Principle
the government is justified on limiting the liberty of citizens to prevent harm to themselves
The Legal Moralism Principle
the government is justified in limiting the liberty of citizens to prevent them from committing immoral acts
James Q. Wilson: Against the Legalization of Drugs
-the banning of drugs has positive effects (while hard to tell, it does show)
-if we were to legalize, we would see an increase in usage, a degradation of the human personality, and greater rates of accidents and violence
-since the 70’s heroin use has stayed stable but user age has risen
-it would be hard to prevent new usage if the drugs were legal because how do you tell someone not to do something that causes immense pleasure?
-legalization has not been seen to stop usage
-but, if we yield now, the problem may grow exponentially, leading to harm of children, family, colleagues, and strangers
Douglas N. Husak: A Moral Right to Use Drugs
-people have a right to do what they want so long as it doesn’t interfere with others rights
-therefore drugs should be decriminalized
-criminalization has only caused harm
-we could always educate children like we do tobacco and alcohol
-a moral right is not an advocation of drug use
Reductio ad absurdum
if you say “y” is okay, you must say “x” is okay
Paternalism
state-controlled to protect people from themselves
Utilitarian Views on drugs and autonomy
Utilitarian arguments are often used for justification on both sides of the argument
-forbidding drug use will yield more happiness, pleasure, and well-being than decriminalization
-those favoring decriminalization believe empirical evidence is in favor of decriminalization (drug abuse facts can often be exaggerated)
Gerald Dworkin & Paternalism
-paternalism is justified in many cases
Paternalism has two principles according to Mill:
1. self-protection/prevention of harm to others is sometimes a sufficient warrant
2. the individual’s own good is never a sufficient warrant for the exercise of compulsion by society or individuals
-however, we already established paternalistic laws such as wearing a helmet on a motorcycle
-There are two types of paternalism:
1. pure: persons whose freedoms are restricted are the same as those who benefit
2. impure: to protect a class by restricting another’s freedoms
-we should try other things before paternalism
John Hospers
-political activist
-ran for president as a libertarian
Ayn Rand
Russian libertarian who wrote Atlas Shroud
John Hospers: What Libertarianism Is
what drugs I take are my business
-not concerned by utopia, but only about the rights of self without unnecessary government intrusion
-the government has no right to intrude on our rights of self
-laws should only protect freedoms
-in order to have freedom, one must have rights to do something
-the freedom to do with yourself as you please
-if 2 men were on an island, they would make rules regarding their own rights
-the purpose of government is only to protect your freedoms
-the government has no right to inhibit others freedoms
-he also touches on moral cannibalism
Utopia
-Latin for “no place”
-Thomas Moore coined the phrase in the 16th century
Thomas Moore
During Henry the 8th times, Thomas Moore was a land owner/lord who had a problem with Henry’s quitting of the Catholic church for lack of good reason
-Moore was executed in Kangaroo Court for not following the King
-He wrote the book “Utopia”
-Moore said “you can imagine utopia, but it is not a real place”
Libertarianism
believe in laws protecting individuals against aggression by others
Moral cannibalism
if one has a right/entitlement, then others must sacrifice to give (undue burden)
-the free rider problem in politics
What percent of people believe marijuana should be legal (2010)
50%
Do people oppose the legalization of possession of small amounts of marijuana?
yes, 55% of surveyed are opposed
Milton Friedman
Economist argued against by James Q Wilson
-wrote 1972 Newsweek article for legalizing heroin
Mill’s view on drugs and autonomy
self-harm is never a valid reason to decrease personal autonomy
Jon Hospers 2 Men on and Island
- an example of Libertarian property rights
“Suppose two men are cast ashore on an island, and they agree that each will cultivate half of it. The first man is industrious and grows crops and builds a shelter, making the most of the situation with which he is confronted. The second man, perhaps thinking that the warm days will last forever, liesin the sun, picks coconuts while they last, and does a minimum of work to sustain himself. At the time of harvest, the second man has nothing to harvest, nor does he assist the first man in his labors. But later when there is a dearth of food on the island, the second man comes to the first man and demands half of the harvest as his right. But of course he has no right to the product of the first man’s labors.
The first man may freely choose to give part of his harvest to the second out of charity rather than see him starve; but that is just what it is-charity, not the second man’s right.”
