Drugs, Morality and the Law

Arguments for and against the legal prohibition of drugs are surveyed. Various kinds of argument are identified and analysed: arguments against prohibition from a moral right to personal liberty; utilitarian and contractualist arguments for a right to personal liberty; arguments for prohibition from liberty–limiting principles (the harm principle, legal paternalism, legal moralism, Kantian duties to oneself, legal perfectionism, traditional conservatism, and communitarianism); utilitarian argument for prohibition; utilitarian argument against prohibition. It is concluded that none of the arguments for drug prohibition is convincing.