Below is a piece that I wrote for the Hall Newsletter. Hopefully they’ll put it in there, but it might be a bit too long. Time will tell. I chopped a lot of the elaboration out because I was trying to get the size down. So if stuff is misunderstood, let me know and I’ll elaborate! Here it is. I hope column will be called:
Some words from the PA (Philosophically Adept)
Libertarianism and Drug Legalization
Libertarianism has been sweeping intellectual circles for the past few years. Many who acquire this political view are attracted to it not for its own sake, but for its consequences. In particular, some are attracted to its support of the legalization of drugs. I would like to provide a short argument that intends to show that this purported consequence of the mainstream libertarian view is mistaken through the libertarian’s own criteria.
First, I will understand libertarianism to be defined as the political belief that individuals should only be restrained by the law when acting in such a way as to bring harm another. When I use the term “drugs†throughout this treatise, I do not mean drugs like Advil, Penicillin, or other such types. Instead, I mean drugs that are commonly referred to as “illegal drugs,†but particularly mind altering drugs.
The libertarian believes that the government should not be paternal. Instead, the government’s job should be to protect her and to make sure that her rights and liberty are not violated. The libertarian wants the government to govern as little as possible because she believes in the theory of the rational actor, wherein a person is responsible for herself. This is an utterly essential view for the libertarian to hold: If a person cannot be said to be rational, then there is a very strong argument for a government of rational actors to watch over those who are not capable of being rational.
Since individuals are rational actors, they should be able to take care of themselves and make decisions for themselves. Now enters the libertarian claim that all drugs should be made legal. Even if these drugs may be physically damaging, the actor will have knowledge of this and is willing to take that risk for herself.
For a moment I implore the reader to think about what happens when one takes a mind altering drug: One’s mind is altered. These drugs skew one’s sense of reality – that is their very purpose. They alter the mind in such a way that things seem to be different than they actually are. As a result, the drugs impair one’s ability to act rationally. For example, if someone under the influence of a hallucinogenic drug believes that she is shooting her friend with a water gun, when in reality she grabbed a real gun and has shot and killed her friend, then this was not a rational decision. This individual did not rationally decide, “I think I will shoot my friend with a gun, and consequently kill my friend.â€
This is a problem for the libertarian: She is condoning something which impairs rationality as a rule. Those under the influence of drugs are no longer rational actors. Earlier, however, it was asserted that the libertarian argument only works because they assume that people are rational actors. Thus, for those under the influence of drugs, the libertarian argument will not work.
Interestingly, this consequence does not result in the libertarian saying that people cannot take drugs; it says that they cannot be under the influence of drugs. Yet, what sense can one make of the idea that someone can take a drug, but not be under the influence of it without the law intervening? The only practical way to reconcile this problem is to disallow people to take the drug, because surely taking the drug will cause the undesired consequence.
I hope that this argument has shown a problem with the libertarian position in regard to the legalization of mind altering drugs. If the libertarian wants to hold onto their rational actor argument, which she uses as the foundation for her position, then she needs to deny the use of drugs. The next time someone you know says that they are a libertarian because they believe in the legalization of drugs, feel free to break them this bad news.