Exam #2 Study Guide – Ethics

Definitions of the harm principle, legal paternalism, legal moralism, medicalization, and decriminalization. Be prepared to state and justify your views on the appropriateness of each of the last four.

Spiegel – The two main differences between the effects of marijuana and alcohol on the user, and why marijuana is a greater danger to others than alcohol.

Szasz – What political theory does he argue from and what view of individual rights does it defend? How is this theory critical of legal paternalism? In light of Mill’s limited embrace of legal paternalism, are Szasz’s views too extreme? How does Szasz propose to deal with the danger to others posed by legalization, particularly driving under the influence and increased availability to minors?

Goodin – How do his arguments concerning irrationality and addiction pertain to voluntary informed consent? Briefly summarize and evaluate his claim that smokers are generally irrational. The nature of addiction – its physical bases, first and second order desires. Why, in his view, do the irrationality of smokers and the addictive nature of tobacco justify legal paternalism?

Nadelmann – The benefits and the costs of prohibition, and its unintended beneficiaries and victims. The risks of legalization.

Wilson – The costs of legalization. His defense of legal moralism based on humanity and character. His justification for the differential treatment of legal and illegal drugs.

Shapiro – The standard view of addiction and his criticism of it. In his view, the effects of social setting, individual mindset, and drug pharmacology on the likelihood of addiction.

Essay Questions:

1. In your view, what is the most appropriate way for our legal system to deal with the issue of drug consumption? By retaining our current policies? Through partial or complete legalization? By enacting stricter restrictions and penalties? State your view in detail (specifying which drugs should be legalized or prohibited and the weaker forms of legalization you prefer, if applicable) and justify your view by explaining its overall advantages over other approaches.

2. Are there relevant differences between legal drugs such as alcohol and tobacco and illegal drugs that justify their differential treatment? Explain and justify your view. If you think that some illegal drugs are relevantly different and others aren’t, specify which, and explain why this is the case.

3. Explain, in your view, the nature of addiction to hard drugs like heroin and crack cocaine. Is it primarily physical or psychological or both? Why is addiction so difficult to overcome? What does your view imply about the amount that consumption would increase if hard drugs were legalized?