The moral questions:
It doesnÕt harm anyone else, so how can it be morally
wrong?
i. It does harm others.
ii. It can be morally wrong to harm oneself, if it
expresses self-hatred, cowardice or lack of self-respect.
2. Is the commercial
selling of drugs wrong?
Many drugs are harmful; and harming others for profit
is wrong.
Doing so by addicting those you harm is worse, because
youÕre taking away their freedom to choose not
to be harmed.
3a. Is it right to prevent
people from supplying drugs?
Traffickers of hard drugs are acting wrongly. Punishment is therefore justified
because they deserve it,
or to deter other potential drugs-traffickers.
3b. Is it right for the
state to prevent people from taking drugs?
The paternalistic
argument: the state ought to prevent people from engaging in acts of self-harm.
The argument against
paternalistic state intervention:
MillÕs harm principle: ÒÉ.the
sole end for which mankind are warranted, individually or collectively, in
interfering with the liberty
of action of any of their number isÉ to prevent harm to others.Ó
It is inappropriate for the
state to intervene in behaviour that harms only the agent.
The case for paternalist
state intervention:
Utilitarian: paternalistic
intervention may preserve worthwhile lives.
Kantian: when people act
irrationally, they are not acting autonomously.
The form of state
intervention should be whatever is most likely to prevent drug-abuse and
rehabilitate drugs-takers.
The argument from the
prevention of harm. Preventing harms
to others that result from drugs-use.
most of these harms result
from the criminalisation of drugs-taking
Two kinds of arguments in
favour of state intervention:
i.
n.b. it can be argued that.
ii. Preventing harms to the
drugs-taker himself or herself.
This is a paternalistic argument, that the state should sometimes intervene in peopleÕs lives to prevent them from engaging in self-destructive behaviour.
Should drugs-taking be
prohibited by enforcing legal penalties?
Arguments in favour:
i. This is the most effective
deterrent.
ii. If drugs were legal, they
would be even easier to get hold of.
Arguments against:
i. Most of the harms to
others resulting from drug-use arise directly from the criminalisation of
drugs-use.
ii. Punitive measures are not
morally appropriate for behaviour that harms only the agent him or herself.
iii. Legal penalties are not
an effective deterrent.
iv. Legal penalties mean the
drugs-taker is less likely to be
rehabilitated, and more likely to be physically and emotionally harmed by the
drug-taking.