Earp and colleagues make a strong case for the complete decriminalization and even the legalization of recreational drug use based on the negative impact of the “War on drugs” on racialized...

In the United States today, the use or possession of many drugs is a criminal offense. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs; and by identifying the standards by which alternative drug policies (...) should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty. (shrink)

Background Some have hypothesized that changing attitudes toward medical aid in dying (MAID) contribute to increased suicide rates, perhaps by increasing interest in dying or the perceived acceptability of suicide. This would represent a strong criticism of MAID policies. We sought to evaluate the association between the legalization and implementation of MAID across the U.S. and changing suicide rates.Methods We evaluated state-level monthly suicide death rates from 1995 to 2021. Because suicide rates vary by state, we constructed geographically-weighted regression (...) models controlling for annualized state-level sociodemographic factors, such as racial distribution (percent Caucasian), average age, income levels, unemployment rates, rates of spiritual engagement, firearm ownership rates, gender ratios, and education levels. We applied a difference-in-difference analysis within our geographically-weighted models.Results 927,929 Suicide deaths were represented in the study. Ten states and the District of Columbia had legalized MAID within the study period. In an univariable analysis, states that legalized MAID differed significantly from non-MAID states with respect to mean monthly suicide rate (non-MAID States: 1.46; MAID states: 1.78; p < 0.0001), as well as several covariates. Monthly suicide death rates were spatially autocorrelated (Moran’s I = 0.607, p < 0.0001). In separate geographically-weighted difference-in-difference analyses, changes in suicide rates were not significantly associated with MAID legalization (β = 0.042, p = 0.33) or with later MAID implementation (β = 0.030, p = 0.63), with differences in suicide rates in MAID and non-MAID states being attributable to baseline between-state differences.Conclusions Our study failed to find evidence that suicide rates were positively associated with MAID legalization or MAID implementation, when controlling for geographic variation and multiple sociodemographic factors associated with suicide risk. This finding contrasts with other studies that have reported a positive association between suicide rates and MAID, and so calls into question one argument against MAID legalization. (shrink)

Many liberal democracies have large populations of “unauthorized” migrants, who entered in contravention of immigration laws. In this paper, I will offer a new argument for allowing long-resident unauthorized migrants to transfer to “legal” status, which would allow them to live and work legally in their country of residence, without fear of deportation. I argue that legalization is required to secure the autonomy of these migrants, and that only by securing their autonomy can the state exercise authority over them (...) legitimately. I also respond to popular objections to legalization and illustrate the distinctive policy implications of my approach. (shrink)

Brian Earp and colleagues argue that the major harms associated with the use of illicit drugs largely arise from, or are at least exacerbated by, the fact that their use attracts criminal pe...

This textbook introduces students to the various arguments for and against the prohibition of recreational drugs. The arguments are carefully presented and analyzed, inviting students to consider the competing principles of liberty rights, paternalism, theories of punishment, legal moralism, and the social consequences of drug use and drug laws. Meyers extends this examination by presenting alternatives to the prohibition/legalization dichotomy, including harm reduction, decriminalization, and user licensing or on-premise use. The presentation invites readers to think clearly about the reasons (...) and principles that should determine public policy and law, while also delving into the deeper philosophical questions underlying the drug prohibition debate. Is it morally wrong to use drugs? If so, would that be reason enough to make it illegal? Are there good reasons in favor of using illicit drugs? Do addicts lack free will, and if so, would it be unjust to punish them? What is (or ought to be) the purpose of punishment? Is the state justified in limiting the freedom of competent adults for their own good? What should be the goal of drug policy, reduced use or reduced harm? The purpose of the book is twofold. First, it is a review of the arguments for and against drug prohibition, a useful tool for policy makers, activists, and concerned citizens with an understanding of the relevant considerations for determining how we should reform our failing drug policy. Second, the book serves as a case study in the deeper issues of justice, the nature of law, rights and liberties, and the public good. Students studying applied ethics, political science, or public policy will benefit greatly from Meyers' approach. (shrink)

The purpose of the study is to assess changes in Russian legislation and legislative initiatives related to cryptocurrencies and digital financial assets. The article focuses on the possible economic consequences of using cryptocurrency for Russian business; determining the degree of impact of transactions with digital assets on the country's economy in connection with the introduction of the Federal Law of the Russian Federation regarding cryptocurrency. The scientific novelty lies in the development and theoretical justification of the legal principles of regulation (...) of cryptocurrency and its place in the domestic legal system, the need to improve the legislation of the Russian Federation in relation to cryptocurrency is substantiated. As a result, the existing legal framework governing the circulation of cryptocurrencies and digital assets in Russia was analyzed, measures of responsibility for failure to report on transactions with cryptocurrencies were identified, and the need to eliminate disagreements on the legalization of cryptocurrencies in the country was substantiated. (shrink)

In light of recent doctrinal changes, we examine the confused state of U.S. insider trading law, identifying gaps that permit certain market participants to trade on the basis of material nonpublic information, and contrast U.S. insider trading doctrine with the European approach. We then explore the ethical implications of the status quo in the U.S., explaining why the dominant legal justifications for prohibiting classical insider trading and misappropriation—the fiduciary duty and property rights theories—fail to account for the wrongfulness of insider (...) trading by eavesdroppers and certain tippees. We refute common arguments for legalizing insider trading, including arguments that insider trading is a victimless crime and that the practice promotes efficiency. We explain why insider trading constitutes the moral wrong of cheating, grounding our theory in the legitimate expectations of market participants. Having considered Kantian deontology in other work, we find that virtue ethics theory offers a helpful albeit rough framework for assessing the morality of insider trading independent of its legality. We also find that social contract theories, with norms of equality of opportunity and moral desert, provide a compelling ethical basis for retaining, clarifying and broadening current legal prohibitions against insider trading. (shrink)

abstract Many have held that there is some kind of incompatibility between a commitment to good end-of-life care and the legalization of physician-assisted suicide. This opposition to physician-assisted suicide encompasses a cluster of different claims. In this essay I try to clarify some of the most important of these claims and show that they do not stand up well to conceptual and empirical scrutiny.

This article compares Michel Foucault’s way of thinking about sovereignty and law within biopower to the reading given to Foucault’s work and its development by the Italian philosopher Giorgio Agamben. It is argued that Agamben supports the expulsion thesis in order to generate critical distance for his own re-imagining of biopower. The expulsion thesis is a controversial account of the position of law in Foucault’s work that does not reflect Foucault’s own nuanced views. A post-structuralist account of Foucault and law (...) is then used to show that Agamben’s conception of law is actually much more similar to Foucault’s than Agamben at first claimed. The real thrust of Agamben’s work is found in his connecting political philosophy to ontology. Agamben’s claim that the questioning of law is a fundamental ontological issue calls into question the very concept of subjectivity. This leads Agamben to embark upon a radical reconceptualization of sovereignty in relation to the subject and the law. Despite opening new areas of inquiry in relation to Being and law, Agamben’s attempt to move beyond Foucault’s work is called into question, with particular emphasis upon whether Agamben’s work is truly ontological. (shrink)

In view of the continuing debate on euthanasia, the restrictions and safeguards which were introduced into the Voluntary Euthanasia (Legislation) Bill 1936 are discussed. Proposals for a new Terminal Care and Euthanasia Bill are suggested, based on some of the principles of the Mental Health Act 1983.

In order to maximize human performance, defence forces continue to explore, develop, and apply human performance enhancement (HPE) methods, ranging from pharmaceuticals to (bio)technological enhancement. This raises ethical, legal, and societal concerns and requires organizing a careful reflection and deliberation process, with relevant stakeholders. We discuss a range of ethical, legal, and societal aspects (ELSA), which people involved in the development and deployment of HPE can use for such reflection and deliberation. A realistic military scenario with proposed HPE application can (...) serve as a starting point for such an iterative and participatory process. Stakeholders can discuss this application, modify its features, and design appropriate processes around it – for instance, procedures for informed consent. We propose that organizing aspects into these three categories – ethical, legal, and societal – can help involve appropriate interlocutors at different moments: legal aspects with people in strategy or management roles, from the start of a project; ethical aspects with people in operations and medical roles, during development; and societal aspects with people in communication and personnel roles, during deployment. Notably, we developed and discussed this framework and the three aspects in close collaboration with personnel from the military. (shrink)

Prominent among the arguments against the legalization of assisted suicide is the contention that legalization will have a disproportionately adverse, or “disparate,” impact on various vulnerable groups. There are many versions of this argument, with different advocates of this argument focusing on different vulnerable groups, and some advocates confusedly blending slippery slope and social justice concerns. Also, the weight placed on this argument by its various advocates is not uniform, with some including the argument in a list of (...) multiple, apparently similarly persuasive, reasons for not legalizing assisted suicide, while others place significant reliance on it and yet others advance the argument without any clear indication of its importance. Nonetheless, the various versions share a common core: One reason assisted suicide should not be legalized is that members of certain vulnerable groups are more likely to be pressured into requesting it, whether directly by those hostile or indifferent to their interests, or indirectly by social circumstances, such as an inability to pursue other healthcare choices. (shrink)

We explore the legalization of the cannabis industry in the US, and point at the conflicted path through which this emerging industry has traversed. In particular, we highlight how this industry has navigated controversy to become one of the fastest growing industries in the world. The paper also offers a theoretical model that explains the role played by social movements to propel and shape early antagonism towards increasing protagonism. Evidence of the latter is seen in the form of cannabis (...) laws passing at the state level in the US. We posit that resource mobilization and shaping effects were instrumental in laying the grounds for legalization. A detailed timeline of the legalization for over one and a half centuries is also provided. Our synergistic approach integrates a historical perspective with social movement theory to address a relatively new and under examined phenomenon in the emerging US legal cannabis industry and ensuing ethical implications. (shrink)

이 논문의 목적은 안락사에 관한 최근의 철학적 논증을 검토하는 것이다. 특히, 현대 미국 철학에서 영향력 있는 철학자 중의 하나인 J. David Velleman의 논문에 대한 반론을 시도한다. Velleman은 자신의 논문에서 사회가 개인에게 주는 죽음에 대한 선택의 권리부여는 그 자체로 하나의 선물로 여겨지는 반면, 선물이 그것의 수용자에게 항상 긍정적인 의미만을 갖지는 않음을 현상학적 논증을 통해 주장한다. 이러한 논증은 안락사의 공리주의적 측면을 새로운 시각에서 바라볼 수 있는 통찰력을 제공한다는 점에서 설득력 있게 여겨진다. 이 글은 그러한 논증이 갖는 타당성을 자율성 개념과 문화적 다양성 차원에서 (...) 검토함으로써 안락사의 법제화에 반대하는 논증을 재반박한다. (shrink)

Der Beitrag befasst sich mit den Chancen und Risiken einer allfälligen gesetzlichen Legalisierung der Suizidbeihilfe. Die Argumente, die gegen eine solche Legalisierung sprechen, werden zu drei thematischen Gruppen zusammengefasst und erörtert: „Slippery-Slope“-Argumente, Argumente vom „moralischen Druck“, und die Furcht vor einer „Entsolidarisierung der Gesellschaft“ sowie die „Gefährdung des Arzt-Patient-Verhältnisses“. Diese Gegenargumente erweisen sich als nicht zwingend, sofern Kriterien und Richtlinien für eine legitime Form der Suizidbeihilfe entwickelt und staatlich kontrolliert werden könnten.

Abstract The leadership of the black community is concerned with welfare, with equality, with unemployment, with discrimination, with racism, with the pay gap, and with dozens of other such traditional issues. Oh, yes, they are also apprehensive about the use of addictive drugs. But, as we speak, young male members of this community are being incarcerated at frightful rates, and, even worse, are killing each other to boot. One would think that this latter issue would occupy the interest of black (...) leaders front and center. After all, there are few worse problems than being jailed or killed. The present paper is dedicated to making the case that the black leadership has its priorities all wrong; that if they were to exercise true leadership, they would see the jailing and murder of young black men as perhaps the greatest threat to their community; and, if so, they would fervently support the legalization of all drugs. (shrink)

Kevin Yuill goes straight to the heart of a difficult issue. Critical of both sides of the discussion, this book presents an up-to-date analysis of the direction discussion is taking, showing that atheists, libertarians, those favouring abortion rights and stem-cell research should stand beside their religious compatriots in opposing legalization of assisted suicide. The author shows that the real issue behind the debate is not euthanasia but suicide. Rather than focusing on tragic cases, he indicates the real damage that (...) will be done if we affirm the suicidal wishes of even a small segment of the population. Analyzing the movement for the right to die in historical terms, Yuill shows that, though many proponents of a change in the law believe they are rationalist heirs of such thinkers as John Stuart Mill, legalizing assisted suicide will reduce privacy and freedom. Finally, Yuill suggests a radical alternative to legalization of assisted suicide that would embrace both the cause of freedom and the anxieties of many about securing good deaths. (shrink)

When two Christian prelates as internationally prominent as Desmond Tutu and George Carey call for the legalization of euthanasia and physician-assisted suicide, their arguments merit close consideration. This article sets out and evaluates their arguments. It concludes that the prelates rehearse the superficial case regularly advanced by euthanasia campaigners and fail adequately to engage with the arguments, both principled and practical, against legalization.

This article explores attempts at legalization of the practice of euthanasia and assisted suicide. Although in many countries there have been high levels of public support for euthanasia and assisted suicide, in most of them, no legislative activity has taken place concerning these practices, and there is a lack of clarity about what is permitted and what is not. I argue that accurate definition of the relevant concepts and a clear delineation of the territory of the debate would help (...) draw a coherent roadmap for legalization. To this end, I analyze five legal approaches to the legalization euthanasia: maintenance of the status quo, legal defenses, de-prioritization, de-criminalization, and legislation. I conclude with a discussion of the moral and legal implications of the foregoing analysis. (shrink)

Xiao Han Dynasty to rule the world. "Filial piety" in today's perspective the main areas of family ethics, but more are in the Han dynasty the country's political and legal issues. Special emphasis on filial piety Han has a special reason, that "five De Zhong Shi," the impact theory. Lack of filial piety in the Han Dynasty is considered a very serious crime, the punishment for the lack of filial piety of the people are very severe, Zhangjiashan simple "two precepts" (...) provides penalties for lack of filial piety that the original law. As a governing rule in Han Dynasty, filial piety plays a more significant part in the state's political and legal issues in the time than today when it mainly belongs to the family and moral categories. The special attention paid to filial piety then has its special reason , ie, the influence from the five elements circulation theory. For exploring how unfilial deeds to be seen as severe criminal behaviors and how unfilial persons were punished in Han Dynasty, The Second Year Law, the Han bamboo slips unearthed at Zhangjiashan provide the original legal texts. (shrink)