The Legalization of Drugs

For and Against

by Douglas Husak, Peter de Marneffe

The use or possession of many drugs is currently a criminal offense in the U.S. Can these criminal laws be justified? What are the best reasons to punish or not to punish drug users? These are the fundamental issues debated in this book by two prominent philosophers of law. Douglas Husak argues in favor of drug decriminalization, by clarifying the meaning of crucial terms, such as legalize, decriminalize, and drugs. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect youth from self-destructive drug use.

Genres: Philosophy, Drugs

222 pages, Paperback

First published January 4, 2002

Reviews

[Ricardo Krug · Rating 5 out of 5]

Excellent points being made on both sides, with the acknowledgement that Husak is, in the end, more convincing.

[Johan · Rating 2 out of 5]

Pretty interesting concept this book has with the for and against set up. Husak argues for a decriminalization of drugs and de Marneffe argues for prohibition. I found the book to be a little too American for my taste, the focus is very much on the situation in this country and it shows that the authors are academics within a context that applies a rights perspective and the philosophical tradition of JS Mills.

But if you like that stuff and are interested in the more legal and moral aspects of drug legalization/prohibition then this book might be a good read.

So who "wins" the debate and has the best arguments? I'd say that Husak presents the best case, but that is mainly because de Marneffe almost only speak of heroin in particular and the need to protect adolescents and children from the negative effects of this drug.

The book is written in a rather basic language but was despite this a bit difficult to read for me, this since the discussion uses a lot of hypothetical examples and parables (should we prohibit fast-food burgers etc). Also because there is quite a lot of legal jargon used (like desert in the meaning "the penal system fails to punish offenders in accordance with their deserts" etc.)