Amara said:
I have studied the rationale of drug prohibition in criminal law, but we predominantly focussed on Mill. I'm familiar with Kant's work, but shit...it was a while ago and I wasn't paying attention....heheh, there is a lecturer in my department at uni who specialises in Kant...you need her.
Mills argument is a Consequentialist position, it states we have a natural right to use drugs. I will be using Mills work 'on liberty', but that doesnt explain how drug prohibition come into effect and how it has established itself as a moral standered anyway like i said ive kinda got the basics of it now. For anyone who cares and has the time to read it, this is what ive written: -
The Deontological Position
Deontology is closely associated with the works Immanuel Kant. Kant argues in his work ‘Groundwork of the Metaphysic of Morals’ that human action should be based solely on a moral basis, that our moral obligation should take president regardless to the consequences of that action, even if a negative action would occur.
Undoubtedly this is the position world politicians have adopted in analysing the question of drug use, one has to look no further than the UN’s 1961 The Single Convention on Narcotic Drugs for evidence of this: -
“Recognizing that addiction to narcotic drugs constitutes a serious evil for the individual and is fraught with social and economic danger to mankind,
Conscious of their duty to prevent and combat this evil” (Single Convention on Narcotic Drugs, 1961, p.4 – Bold text added)
Or simply observe the rhetoric concerning drug policy: ‘The War on Drugs’. Such morality is constructed under Kant’s laws of Categorical Imperative, which state: -
§ The first (Universal Law formulation): "Act only according to that maxim by which you can at the same time will that it should become a universal law."
§ The second (Humanity or End in Itself formulation): "Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end." (
www.encyclopedia.laborlawtalk.com)
The first law represents a desire for consistency, moral laws that are applicable to the whole of humanity – what moral laws one abides by must be equally applicable to another, there cannot be one rule for one and another for everyone else.
The second law is a continuation from the first, if we are to use other people as merely a means to an end, and construct a universal law on this basis, it must be realised that a universal law that allows this would harm us as we would also be subjected to treatment as a means to an end, one must acknowledge other people as ends-in-themselves, thus universal fairness that acknowledges everyone’s right to humanity is a prerequisite for a universal law, thus the theory suggests that morality has an intrinsic value.
But how does this relate to drug use? Within the Governments paper ‘Updated Drug Strategy 2002’ it states: -
“The misery this causes [drugs] cannot be underestimated. It damages the health and life chances of individuals; it undermines family life, and it turns law-abiding citizens into thieves. The use of drugs contribute dramatically to the volume of crime...Quite simply, drug misuse contributes enormously to the undermining of family and community life – more some may say, than any other single commodity or social influence.” (Updated Drug Strategy 2002, 2002, p.3)
Thus if one was to apply the above statement to Kant’s law’s of Categorical Imperative the results would be a universal law which would treat people as a means rather than an end. If drug use ‘turns law-abiding citizens into thieves’, how can a universal law that excepts humanity as equal in rights and duties allow a universal law that would allow the benefit of one over the rights of another. Also the same holds true in regards to family life – the actions of one should not impair on the rights and duties of another as is stated in the fore mentioned quote.
Peter Cohen in his work ‘The drug prohibition church and the adventure of reformation’ offers an account of the deontological nature of drug policy: -
“Whatever the origin of the UN Drug Treaties, and whatever the official rhetoric about their functions, the best way to look at them now is as religious texts. They have acquired a patina of intrinsic and unquestioned value and they have attracted a clique of true believers and proselytes to promote them. They pursue a version of Humankind for whom abstinence from certain drugs is dogma in the same way as other religious texts might prohibit certain foods or activities” (The drug prohibition church and the adventure of reformation, 2003 p.213)
Peace
MX!