http://glasses-justice.livejournal.com/ (![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png)
glasses-justice.livejournal.com) wrote in ![[community profile]](https://www.dreamwidth.org/img/silk/identity/community.png)
fandomhigh2010-02-02 03:02 pm
glasses-justice.livejournal.com) wrote in fandomhigh2010-02-02 03:02 pm
Entry tags:
Concepts of Justice and The Law [Period 4, Class #5, Feb 2]
"This week," Alex said, as she leaned against her desk, "we're changing the syllabus up a little, and jumping ahead to victimless crimes. It seemed like a better fit here. We'll get to civil liberties later on in the term."
With that, she scooped up a piece of chalk and began writing, continuing her lecture as she did so. "John Stuart Mill wrote an essay called On Liberty. It was his philosophical principles on which he felt government should be formed. In it, he lays out something which has come to be known as the Harm Principle. And that is ..."
She stopped and underlined the sentence she had been writing, then stepped away so the students could read it.
"Very simple," she said. "Laws should only protect against harm. Mill felt that the government should not have the right to restrict any behavior that wasn't directly tied to harm. Mill was therefore against something we know as the Offense Principle: the idea that certain rules should be made to protect citizens from themselves, or for the good of society as a whole. Detractors of the Offense Principle call these charges 'victimless crimes.'
"To give you a clearer example, let's talk about drug abuse. Some believe that any citizen should have the right to place any substance in his own body; he has consented, so it is no longer the government's concern in any way. Others say an addict is no longer able to freely consent, and that the government should intervene on his behalf. And some will argue that the cost is too large to society as a whole: that drug addicts are unlikely to be functioning members of society, and in some cases, are more likely to be violent when seeking a fix.
Alex lifted her shoulders and set the chalk down again. "I specified 'addiction' and 'abuse' because it's easier to see the harm. It would be difficult to say that recreational drug use is acceptable, but addiction is against the law. How does society determine addiction? There's no clear test. And today's recreational user could easily be tomorrow's addict. The line blurs."
"Should drug use be legal? What about prostitution, or gambling? Does the government have the right to enforce laws not predicated on direct harm?"
With that, she scooped up a piece of chalk and began writing, continuing her lecture as she did so. "John Stuart Mill wrote an essay called On Liberty. It was his philosophical principles on which he felt government should be formed. In it, he lays out something which has come to be known as the Harm Principle. And that is ..."
She stopped and underlined the sentence she had been writing, then stepped away so the students could read it.
That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.
"Very simple," she said. "Laws should only protect against harm. Mill felt that the government should not have the right to restrict any behavior that wasn't directly tied to harm. Mill was therefore against something we know as the Offense Principle: the idea that certain rules should be made to protect citizens from themselves, or for the good of society as a whole. Detractors of the Offense Principle call these charges 'victimless crimes.'
"To give you a clearer example, let's talk about drug abuse. Some believe that any citizen should have the right to place any substance in his own body; he has consented, so it is no longer the government's concern in any way. Others say an addict is no longer able to freely consent, and that the government should intervene on his behalf. And some will argue that the cost is too large to society as a whole: that drug addicts are unlikely to be functioning members of society, and in some cases, are more likely to be violent when seeking a fix.
Alex lifted her shoulders and set the chalk down again. "I specified 'addiction' and 'abuse' because it's easier to see the harm. It would be difficult to say that recreational drug use is acceptable, but addiction is against the law. How does society determine addiction? There's no clear test. And today's recreational user could easily be tomorrow's addict. The line blurs."
"Should drug use be legal? What about prostitution, or gambling? Does the government have the right to enforce laws not predicated on direct harm?"
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
"I just think that any industry that is under the regulation of the government--especially one like this that's so rife with possible ways to be abused--is much more likely to be safe and secure when it's under that regulation instead of hiding from it. If nothing else, aren't the customers more likely to speak out if they think something is wrong and don't have to fear prosecution for breaking the law?"
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05
Maybe Tony would have been safer; but maybe he never would've gotten out. Who knew.
Re: Discussion - Gambling, Prostitution, and Drug Use - JST05