A great schism: Social norms and marijuana prohibition

Abstract

The discipline of Law and Economics seeks to scientifically analyze law. This Article uses the social norms aspect of the Law and Economics field to examine marijuana prohibition in order to show that policymakers should consider changing the law to better account for social norms. First, the Article investigates the origination of marijuana prohibition to demonstrate that it was not based on scientific evidence as Law and Economics aspires, but rather racial prejudice and social conditions peculiar to the 1930s. Next, the Article uses government surveys to illustrate violation of marijuana laws on a massive scale. It is argued that this widespread violation of the law is damaging to the institution of law itself. Lastly, the Article considers possible objections to changing marijuana laws, including sending the wrong message to children.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,069

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

  • Only published works are available at libraries.

Similar books and articles

Drug prohibition: A legal and economic analysis. [REVIEW]Walter Block - 1993 - Journal of Business Ethics 12 (9):689 - 700.
Marijuana and Creativity.Ryan E. Holt & James C. Kaufman - 2010-09-24 - In Fritz Allhoff & Dale Jacquette (eds.), Cannabis Philosophy for Everyone. Wiley‐Blackwell. pp. 114–120.
Medical Marijuana 2010: It's Time to Fix the Regulatory Vacuum.Peter J. Cohen - 2010 - Journal of Law, Medicine and Ethics 38 (3):654-666.
Medical marijuana—a clash of science, politics and the law.Md Peter Cohen - 2007 - Lahey Clinic Medical Ethics Journal 14 (2):4-7.

Analytics

Added to PP
2009-01-28

Downloads
26 (#631,133)

6 months
1 (#1,516,021)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references