NCJ Number
146726
Journal
European Journal on Criminal Policy and Research Volume: 1 Issue: 2 Pages: 9-29
Date Published
1994
Length
21 pages
Annotation
This article contests some assumptions about drug laws; the author attempts to show that, while relativism is necessary in any effective understanding of drug problems and policies, it does not necessarily imply a libertarian policy stance.
Abstract
There are many complexities within different arguments for the legalization or decriminalization of drugs, and not all of them directly invoke the concept of cultural relativism. Some arguments proceed from an economic basis, involving free market principles or cost-benefit analysis, while others invoke a libertarian morality in favor of the free expression of individual choices. The arguments share a common view that drug laws which pretend to protect valuable citizens involve essentially a false paternalism; they are seen as an arbitrary use of power, thus implying some version of relativism. In his attempt to contest some of these assumptions, the author takes as a point of departure the anti-prohibitionist position developed by Sebastian Scheerer. The article discusses the limits of relativism, costs and benefits of drug control policies, and defending vulnerable communities. While the article stresses the importance of cultural relativism in the human self-understanding of drug use, it does not imply a cultural free-for-all. Just as some drugs are more dangerous than others, so some societies seem less capable of creating and sustaining the cultural forms which can encourage less harmful forms of drug use. The challenge for the future is to reject and modify the social imperatives of those societies which spell danger, while building upon the modest achievements of those which attempt to minimize danger. In attempting to reduce drug-related harm, the author suggests a "double-vision" in which there is recognition of both chemistry and culture, pharmacology and fashion. Footnotes, references