Ch. 17: Drugs, Guns, and Personal Liberty

Which of the following is most likely to occur during the legalization of a once-illegal drug?

the government will set up a system of regulation and sale

The principle that says that authorities are justified in restricting some people's freedom to prevent harm to others is called

the harm principle

As of 2019, mora than half of the U.S. population supports legalization of marijuana

true

One of the questions about interpreting the Second Amendment is whether it protects a collective right related to militia or an individual right

true

A Kantian is likely to argue that more net happiness is created in society by decriminalizing marijuana than is found under the current drug policies

false

Natural law theory supports the use of some mind-altering drugs for recreational purposes.

false, because all mind-altering drugs force the mind into an unnatural state

Some utilitarian views hold that illicit drug use is morally permissible even if it causes more overall harm than good

false, because utilitarianism holds that only those actions that cause more good than harm are morally permissible.

While it seems as if the gun control debate is divided into opposite camps, both sides share a commitment to ________. For the gun rights side, this means a focus on ________, while for the gun control side this entails __________.

1. Western liberal values 2. dignity and autonomy 3. an empathy for injury and suffering

The decriminalization of drugs would make harmful, psychoactive, and addictive substances __________. It would focus on treatments. It would remove the social stigma attached to illicit drug use and would ________.

1. less dangerous to users 2. aim to reduce disease transmission

Natural law theory argues that something is morally right if it fulfills its _________. In the case of illicit drug use, it is hard to imagine any justification coming from the natural law. One strong reason for this is that the theory holds that a core feature of human beings is their ________, which implies __________. Illicit drugs often directly undermine this core feature.

1. natural purpose 2. autonomy 3. rational self-control

Which of the following conflicts are central to both gun control and drug use debates?

Central to Both Debates: -local vs. federal -individual vs. collective rights -security vs. individual rights

Which of the following are challenges to utilitarian approaches to the gun control debate?

Challenges to Utilitarianism: -empirical evidence is often inconclusive -excessive partisanship shapes the interpretation of data Not Challenges to Utilitarianism: -utilitarian arguments can be used on both sides of the debate -the theory is controversial

A recent Gallup poll found that a majority of Americans favor some sort of increase in gun control laws. Let us assume that the government, a democracy, wants to reflect the views of its citizens and enact such laws. As its guiding justification for new laws, it invokes the harm principle. Which arguments or pieces of evidence could be used to support these laws by invoking the harm principle?

Could Be Used to Invoke the Harm Principle: -studies correlating existing policies with high levels of gun violence -studies correlating proposed laws with lower levels of gun violence Could Not Be Used to Invoke the Harm Principle: -arguments that the will of the majority should be respected -arguments that the Constitution, and the rights enshrined therein, should be respected

Which of the following laws would be examples of "gun control"?

Gun Control Laws: -laws about who can possess a gun -laws about the availability of firearms -laws about who can use a gun Not Gun Control Laws: -laws about the representation of guns in youth media

Which of the following reasons would a Kantian use to condemn illicit drug use?

Kantian Reasons: -it undermines our ability to act autonomously -it violates the categorical imperative Non-Kantian Reasons: -it increases crime by furthering the trade in illicit drugs -it undermines our work and family relationships -it can cause long-term, chronic health problems

Sort the following elements of debates about drug and gun legality into the categories of moral and nonmoral.

Moral: -natural rights -the limits of government authority Nonmoral: -levels of drug use -majority opinions on drug use

Which of the following changed would amount to a stricter set of federal gun laws than those currently in place?

Stricter: -limiting gun sales to those who can demonstrate a need -a ban on the production of armor-piercing bullets Not Stricter: -limiting gun ownership by those who qualify as members of high-risk groups, such as felons -limiting the availability of armor-piercing bullets

Moral questions about drug use generally fall into two categories: the morality of drug use and the morality of legal and social drug policies. Place the following questions into their appropriate category.

The Moral Permissibility of Drug Use: -do I have a right to take a substance that I know will cause health problems? The Morality of Legal and Social Policies That Address Drug Use: -do preventative treatment programs reduce the overall number of drug users more than the strict enforcement of drug laws? -should those convicted of drug crimes be allowed to work in federally funded positions? -should the legal alcohol limit to drive be raised?

Which of the following ideas are typically used to advocate for a "war on drugs"?

Typically Used to Advocate for a "War on Drugs": -the harm principle -the paternalism principle -the legal moralism principle Not Typically Used to Advocate for a "War on Drugs": -the autonomy principle

drug dependence

a condition in which discontinuing the use of a drug is extremely difficult, involving psychological or physical symptoms

harm reduction

a drug policy aimed at reducing the harm that arises from drugs and drug laws

drug

a nonfood chemical substance that can affect the functions and makeup of the body

decriminalization

allowing the use of drugs without criminal penalties

drug addiction

an intense craving for a drug and compulsive, uncontrolled use of the drug despite harm done to the user or other people

Laws and policies designed to restrict the possession, use, and availability of firearms

are called gun control

Which of the following is an important consideration for both Kantian ethics and natural law theory?

autonomy

Why do some proponents of decriminalization believe that utilitarianism is the wrong way to approach issues surrounding drug policy and law?

because utilitarianism views these issues in terms of harm, but the more important concern is justice

Which of the following would reflect a commitment to harm reduction?

setting up a needle exchange program

legal moralism

the doctrine that the government is justified in curbing people's freedom to force them to obey moral rules

Rank the following rights in order of fundamental importance, according to Second Amendment scholar Nelson Lund. In other words, the lower-ranked rights should be justified by or derived from those that precede them.

1. the right to life 2. the right to self defense 3. the right to own a gun

A common way to argue for or against drug laws which draw on empirical evidence is in line with the ethical theory of ___________. On the side of stricter gun laws, people try and draw a _________ between gun ownership and various forms of harm. Gun rights advocates point to a different set of evidence, concerning ___________.

1. utilitarianism 2. positive correlation 3. gun ownership and reduced crime

A recent Gallup poll found that a majority of Americans favor some sort of increase in gun control laws. Let us assume that the government, a democracy, wants to reflect the views of its citizens and enact such laws. As its guiding justification for new laws, it invokes the legal moralism principle. Which arguments or pieces of evidence could be used to support these laws by invoking the legal moralism principle?

Could Be Used to Invoke the Legal moralism Principle: -arguments that certain kinds of gun ownership are inherently immoral, as they violate the right to a safe environment Could Not Be Used to Invoke the Legal Moralism Principle: -arguments that the will of the majority should be respected -studies correlating existing policies with high levels of gun violence -studies correlating proposed laws with lower levels of gun violence

Permitting people to use drugs without incurring criminal penalties is called

decriminalization

Since 1980, drug-related deaths have

doubled

The states with the largest increases in gun ownership also have the largest

drops in violent crimes

An intense craving for a drug and compulsive, uncontrolled use of the drug despite harm done to the user or other people is called

drug addiction

Consider the following argument from Drug Watch International: The legalization or decriminalization of drugs would make harmful, psychoactive, and addictive substances affordable, available, convenient, and marketable. It would expand the use of drugs. It would remove the social stigma attached to illicit drug use, and would send a message of tolerance for drug use, especially to youth. This is a strong argument in support of a harm reduction approach to drug use.

false

Drug dependence refers only to cases in which users experience physical symptoms of withdrawal, sometimes life threatening, when drug use stops.

false

For a utilitarian, the decision to criminalize certain substances is driven first and foremost by the health risks posed by the substance.

false

Harm reduction is primarily focused on reducing the number of drug users

false

A legal moralist would argue against drug use by claiming that drug use

is immoral

gun control

laws and policies designed to restrict the possession, use and availability of firearms

The doctrine that the government is justified in restricting people's freedom in order to force them to obey moral rules is called the

legal moralism principle

legalization

making the production and sale of drugs legal

criminalization

making the use (and possession) of drugs a criminal offense

What is the fundamental right from which most arguments for gun ownership are derived?

the right to self-defense

harm principle

the view that authorities are justified in restricting some people's freedom to prevent harm to others

paternalism principle

the view that authorities are sometimes justified in limiting people's freedom to prevent them from harming themselves

According to the paternalism Principe, authorities are justified in restricting some people's freedom to prevent harm to

themselves

How do critics of the paternalism principle often frame their arguments?

this principle amounts to an assault on individual liberty

The journalist Kenny Walter writes that "[t]he history of the opioid epidemic remains possibly the most complicated and multifaceted crisis in American history." A key factor in this epidemic is how doctors approached the diagnosis and treatment of pain.

true

When adjusted per capita, the firearm homicide rate is far greater in the United States than in comparable high-income countries.

true

The harm principle, which is broadly informed by utilitarianism, is the only major justification for decriminalization of drugs.

false

The legal moralism principle should only be invoked when harm is involved.

false

The active chemicals in marijuana, called cannabinoids, have already been used to develop two FDA-approved medications, and research is progressing on further medical applications. This means that marijuana is no longer considered a drug, but rather is classified as medicine.

false

Legal scholars are in broad agreement that the Second Amendment secures an individual's right to own and use firearms.

false

Nonmoral facts have no role to play in arguments about the morality of gun use and gun possession.

false

Someone who takes a paternalistic viewpoint on drug use would argue that possessing and using drugs should be illegal because drug users are a drain on society.

false

Which of the following decisions would be justified by paternalism principle?

imposing harsh penalties on drugs that are known to be highly addictive

David Degrazia, an advocate for moderate gun control, argues primarily against which premise of common anti-gun-control arguments?

in present-day circumstances in the United States, adequate self-defense requires that competent adults have the option of gun ownership

What principle is invoked by the following argument? Even now, when the dangers of drug use are well-understood, many educated people still discuss the drug problem in almost every way except the right way. They talk about the "costs" of drug use and the "socioeconomic factors" that shape that use. They rarely speak plainly—drug use is wrong because it is immoral and it is immoral because it enslaves the mind and destroys the soul.

the legal moralism principle

Supporters of harm-reduction strategies believe that the total amount of harm that drugs cause in our society might actually decrease, even if drug usage increases.

true, because current drug policies and laws lead to more harm than benefit

The pundit John Stossel makes the following argument: Criminals don't obey the law ... Without the fear of retaliation from victims who might be packing heat, criminals in possession of these [illegal] weapons now have a much easier job ... As the saying goes, "If guns are outlawed, only outlaws will have guns." Which ethical theory is Stossel using to justify his view?

utilitarianism