Comment by bryondowd | Hacker News Reader

Comment by bryondowd | Hacker News Reader

Parent Full thread

Ok, but who gets to decide where to draw the line between harmful behaviors and nonharmful ones. One could argue that just about everything we do has some degree of risk, some more than others. As you say it's a continuum. Should we ban unhealthy foods? Should we ban contact sports? How about extramarital sex? The values of the person you ask will dictate whether any given thing is a vice or a pastime.

What right do you have to say whether the enjoyment someone finds in a vice is offset by the damage it does to their health or finances or social life? And for any given vice, usually the ill effects are a function of how heavily one uses the vice. So does a full ban to save the few who overindulge balance against depriving the rest of the option to make small trades against their own lives for some pleasure? Should we ban alcohol to save the alcoholics at the cost of everyone else being able to unwind with a beer? We tried that and it didn't go very well.

Evidence seems to point to education and access to treatment being far more effective than bans. And it's very difficult to get any kind of long term results by involuntarily treating someone, so I'm not sure there's much to be gained by criminalization with enforced treatment instead of just punishment.

At the end, you pretty much have to let people make their own informed decisions. Anything else sounds like a step toward an authoritarian state dictating everything you do.

> Ok, but who gets to decide where to draw the line between harmful behaviors and nonharmful ones.

You're right, this is tricky. But consider China's opium epidemic in the late 19th century. A lot of legalization advocates argue that drug use is a victimless crime, but in that epidemic 13.5 million people were addicted to opium. That has a huge social cost. Or US prohibition in the early 20th century: alcohol was leading to awful domestic abuse and it caused women to be the strongest supporters of the 18th amendment.

In fact the prohibition case is interesting because I think we went about it entirely the wrong way, which was the point of my parent post. If we simply criminalize the act then we're essentially saying whomever commits the "vice" is incorrigible and has to be separated from polite society. One step better is to tax the act so society can in some ways be reimbursed for the cost of the behavior. But the best step would be to discover why so many people are abusing alcohol in the first place and solve that problem. We'll only have the justification to do that though, if we recognize that the people who fall victim to those vices deserve our support, rather than just being abandoned as morally weak or fundamentally lower than us.

The cool thing about that is then we don't need to have some weird arbitrary line between, "oh 2 drinks is OK, 4 drinks you're going to jail". And we help people who fall victim to alcoholism or whichever vice we're talking about. It's a win-win, if only we can get over our preening moralism.

But in general you're right, there's not a lot of daylight between an act and a crime because not everything we regulate has a moral underpinning. But that doesn't mean those regulations can't do good, and it certainly doesn't mean that just because we enact some regulations we're inevitably headed towards totalitarianism. That's just a slippery slope fallacy.

Reply on news.ycombinator.com