Contemporary Connections

Legislating morality

In an influential essay entitled On Liberty Mill argues for a much more limited role of government than is embodied in the American system today.  He believes social utility will be maximized if individuals are generally allowed to make their own life decisions as long as these don't involve harm to others.  This means, among other things, that in his view there shouldn't be laws against "victimless crimes" or situations in which the only one directly harmed is a rationally competent adult who has freely chosen a certain action or lifestyle.  For example, Mill would oppose legislation against polygamy, same-sex marriages, prostitution, gambling, or the recreational use of drugs or alcohol in contexts that don't pose a threat to others.  He'd view laws against such activities as expressions of the "tyranny of the majority," an oppressive attempt by the majority to legislate morality for everyone, even on issues that are rightly in the purview of individual choice.  Many have argued against Mill, however, that it's not so easy to draw the line between the personal sphere and the public sphere and that significant government involvement is necessary to ensure public welfare.  Use the hyperlinks below in your effort to judge for yourself what sort of legislation if any is appropriate for the issues below.

The drug war

Drug War Facts (http://www.drugwarfacts.org/) General source of information on numerous aspects of the drug war

U.S. Drug Enforcement Administration (http://www.usdoj.gov/dea/) Home page of the DEA; includes information about drug use, drug policies, etc.; against legalization

Drug Watch International (http://www.drugwatch.org/) Home page of nonprofit organization against drug legalization

The Wrong Message of Legalizing Illicit Drugs (http://www.druglibrary.org/schaffer/GOVPUBS/wrong1.htm) Essay against legalization from the Shaffer Library of Drug Policy

Legalization: Myths and Misconceptions (http://www.druglibrary.org/schaffer/debate/myths/myths1.htm) Discussions from the U.S. Department of Justice against legalization

Drug Prohibition (http://www.libertarian.org/policy_8.html) Overview of position supporting drug legalization and additional links by Libertarian.org

Why we should stop the drug war (http://whatrain.com/drugcontrol/) Commentary and links from Timothy M. Radonich

Should we Re-Legalize Drugs? (http://www.lp.org/issues/relegalize.html) Position paper in support of drug legalization from the Libertarian party

Rethinking the International Drug War (http://www.cato.org/pubs/handbook/hb105-55.html) Chapter from the CATO Handbook for Congress supporting drug legalization; additional studies and commentaries from CATO available http://www.cato.org/current/drug-war/index.htmlhere

Prostitution Law Reform: Defining Terms (http://www.bayswan.org/defining.html) Clarification of difference between legalization and decriminalization and other terminological issues from BAYSWAN

Legalize Prostitution? (http://www.princeton.edu/~progrev/99-00/n1_bl.html) Article by Brett Levy exploring the pros and cons of legalizing or decriminalizing constitution; from the Princeton Progressive Review

Daze Reader (http://dazereader.com/prostitution.htm) Collection of editorials, interviews, and news articles relating to prostitution

Prostitution

Legalizing Prostitution will Not Stop the Harm (http://www.uri.edu/artsci/wms/hughes/mhvlegal.htm) Article against legalization by feminist Donna M. Hughes (University of Rhode Island)

The Effects of Prostitution (http://www.feminista.com/v1n5/depasquale.html) Personal account of the harmful consequences of prostitution by Katherine M. DePasquale

Sex, gambling, and consensual crimes (http://www.libertarian.org/policy_9.html) Overview of position supporting legalization of such activities and additional links by Libertarian.org

Legalized Prostitution (http://www.liberator.net/articles/prostitution.html) Arguments in favor of legalization from The Liberator site

Legalize Prostitution (http://www.humanismbyjoe.com/prostitution.htm) Essay by Joseph C. Sommer for legalization as a means of reducing violent crime against prostitutes, among other reasons

Decriminalization vs. legalization (http://www.freedomusa.org/coyotela/decrim.html) Support for decriminalization of prostitution from Freedom USA

The scope of human rights Coming out of the tradition of Locke and other followers of classical liberalism, America's founding fathers emphasized the importance of respecting negative rights (liberty rights), i.e., rights of noninterference.  These include freedom of speech, freedom of religion, and freedom of assembly.  Such negative rights impose the duty on others to refrain from restricting your individual choices as long as these don't harm others.  More recently, however, much attention has been paid to so-called positive rights (welfare rights), rights to be helped in the fulfillment of one's significant needs and interests. These positive rights are correlated with the duty of others to provide you with certain goods or services.  Typical claims of positive rights are rights to health-care and to a living wage.  The U.N. Universal Declaration of Human Rights includes many claims to positive rights, which is one reason it has not been ratified by the U.S.  If you believe there are human rights, do you think they include positive as well as negative rights?  What would you include in a list of universal human rights?  Click on some of the hyperlinks below to explore the issue of the scope of human rights.

The Declaration of Independence (July 4, 1776) (http://libertyonline.hypermall.com/declaration.html) Text from Liberty! online

Constitution for the United States of America (http://www.constitution.org/constit_.htm) Text from the Constitution Society

Bill of Rights (http://www.constitution.org/billofr_.htm) Text from the Constitution Society

Declaration of the Rights of Man (http://www.yale.edu/lawweb/avalon/rightsof.htm) Declaration passed by the National Assembly of France, 1789; text from the Avalon Project (Yale Law School)

The Seneca Falls Declaration on Women's Rights (http://search.eb.com/women/pri/Q00172.html) Early declaration in the American women's rights movement, based on the Declaration of independence; text from Britannica Online

Universal Declaration of Human Rights (http://www.un.org/Overview/rights.html) Resolution passed by the U.N. General Assembly, Dec. 1948; text also available from Amnesty International

Amnesty International: About AI (http://web.amnesty.org/web/aboutai.nsf) Organization "working to protect human rights worldwide"

Universal Islamic Declaration of Human Rights (http://www.alhewar.com/ISLAMDECL.html) Declaration based on the Qur'an and the Sunnah of Islam