Criminal Law and Philosophy 7 (1):29-41 (2013)

Authors
Peter de Marneffe
Arizona State University
Abstract
There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization
Keywords Self-sovereignty  Vice laws  Mill  Drug laws  Prostitution laws  Drug legalization  Drug decriminalization
Categories (categorize this paper)
ISBN(s)
DOI 10.1007/s11572-012-9157-x
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 71,355
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

The Morality of Freedom.Joseph Raz - 1986 - Oxford University Press.
Moral Conflict and Political Legitimacy.Thomas Nagel - 1987 - Philosophy and Public Affairs 16 (3):215-240.
Life's Dominion.Melissa Lane & Ronald Dworkin - 1994 - Philosophical Quarterly 44 (176):413.
Law, Liberty, and Morality.Richard Brandt - 1964 - Philosophical Review 73 (2):271-274.
The Morality of Freedom.Ernest Marshall - 1994 - Noûs 28 (1):96-98.

View all 6 references / Add more references

Citations of this work BETA

Seat Belt Mandates and Paternalism.Jessica Flanigan - 2017 - Journal of Moral Philosophy 14 (3):291-314.
Seat Belt Mandates and Paternalism.Jessica Flanigan - forthcoming - New Content is Available for Journal of Moral Philosophy.
Feminist Perspectives on Sex Markets.Laurie Shrage - 2008 - Stanford Encyclopedia of Philosophy.

Add more citations

Similar books and articles

Vice Laws and Self-Sovereignty.Peter Marneffe - 2013 - Criminal Law and Philosophy 7 (1):29-41.
The Drug Laws Don’T Work.Michael Huemer - 2008 - The Philosophers' Magazine (41):71-75.
America's Unjust Drug War.Michael Huemer - 2004 - In Bill Masters (ed.), The New Prohibition. Accurate Press.
Toward Drug Control: Exclusion and Buyer Licensing. [REVIEW]Jim Leitzel - 2013 - Criminal Law and Philosophy 7 (1):99-119.
Vice Crimes and Preventive Justice.Stuart P. Green - 2015 - Criminal Law and Philosophy 9 (3):561-576.
Optimal Drug Use and Rational Drug Policy.Geoffrey F. Miller - 2011 - Behavioral and Brain Sciences 34 (6):318-319.
In Defense of “Pure” Legal Moralism.Danny Scoccia - 2013 - Criminal Law and Philosophy 7 (3):513-530.
Laws in Physics.Mathias Frisch - 2014 - European Review 22:S33-S49.

Analytics

Added to PP index
2013-12-17

Total views
59 ( #194,997 of 2,519,622 )

Recent downloads (6 months)
1 ( #406,756 of 2,519,622 )

How can I increase my downloads?

Downloads

My notes