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Author : Douglas N. Husak
Publisher : Cambridge University Press
Page : 328 pages
File Size : 51,8 Mb
Release : 1992-07-31
Category : Law
ISBN : 0521427274
This book was the first serious work to address the question whether adults have the right to use drugs for recreational purposes.
Author : Melissa L. Bone
Publisher : Routledge
Page : 264 pages
File Size : 49,7 Mb
Release : 2019-10-10
Category : Law
ISBN : 9781315310190
This book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.
Author : David Richards
Publisher : Rowman & Littlefield
Page : 334 pages
File Size : 49,7 Mb
Release : 1986
Category : Law
ISBN : 0847675254
Among the most commonly argued legal questions are those involving "victimless" crimes--consensual adult sexual relations (including homosexuality and prostitution), the use of drugs, and the right to die. How can they be distinguished from proper crimes, and how can we, as citizens, judge the complex moral and legal issues that such questions entail? David Richards, a teacher of law in the areas of constitutional and criminal law, and a moral and legal philosopher concerned with the investigation of legal concepts, applies an interdisciplinary approach to the question of overcriminalization, he draws on legal and philosophical arguments and links the subject to history, psychology, social science, and literature. To demonstrate how gross and unjust overcriminalization has developed, Professor Richards explores basic assumptions that often underlie the common American sense of proper criminalization.
Author : Richard Lines
Publisher : Unknown
Page : 128 pages
File Size : 51,8 Mb
Release : 2017
Category : LAW
ISBN : 1316768813
This book explores how international drug control law should be interpreted within the context of international human rights law.
Author : Doug Husak,Peter de Marneffe
Publisher : Cambridge University Press
Page : 220 pages
File Size : 49,6 Mb
Release : 2005-08-29
Category : Philosophy
ISBN : 9781139445856
In the United States today, the use or possession of many drugs is a criminal offense. 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; and by identifying the standards by which alternative drug policies should be assessed. He critically examines the reasons typically offered in favor of our current approach and explains why decriminalization is preferable. Peter de Marneffe argues against drug legalization, demonstrating why drug prohibition, especially the prohibition of heroin, is necessary to protect young people from self-destructive drug use. If the empirical assumptions of this argument are sound, he reasons, drug prohibition is perfectly compatible with our rights to liberty.
Author : Dawn Moore
Publisher : UBC Press
Page : 209 pages
File Size : 48,6 Mb
Release : 2007
Category : Law
ISBN : 9780774813952
Annotation Attitudes towards crime, criminals, and rehabilitation have shifted considerably, yet the idea that there is a causal link between drug adiction and crime prevails.
Author : Susan C. Boyd,Connie I. Carter,Donald MacPherson
Publisher : Fernwood Publishing
Page : 206 pages
File Size : 45,9 Mb
Release : 2017-01-19T00:00:00Z
Category : Social Science
ISBN : 9781552668627
In More Harm Than Good, Carter, Boyd and MacPherson take a critical look at the current state of Canadian drug policy and raise key questions about the effects of Canada’s increasing involvement in and commitment to the “war on drugs.” A primer on Canadian drug policy, the analysis in More Harm Than Good is shaped by critical sociology and feminist perspectives on drugs and incorporates insights not only from individuals who are on the front lines of drug policy in Canada — treatment and service workers — but also from those who live with the consequences of that policy on a daily basis — people who use criminalized drugs. Finally, the authors propose realistic alternatives to today’s failed policy approach. “Your book really expanded thinking and understanding and had a big influence on students critical and reflective thought. Readings sparked rich conversations about their own hopes and wishes for the field, broader social and political responses and the impact on youth and families affected by substances.” - Stephanie McCune, University of Victoria Please note: an error occurred with the printing of this book, and one of the sidebars was not printed. It is available to download here. We sincerely apologize for this oversight.
Author : Kate Seear
Publisher : Routledge
Page : 212 pages
File Size : 46,8 Mb
Release : 2019-06-25
Category : Health & Fitness
ISBN : 9780429834769
This book considers how largely accepted ‘legal truths’ about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and ‘addiction’, including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise ‘addicted’ realities, with a range of implications – many of them seemingly unjust – for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with lawyers, magistrates and judges; analyses of case law; and legislation. Focussing on an array of legal practices, including processes of law-making, human rights deliberations, advocacy and negotiation strategies, and the sentencing of offenders, and buttressed by overarching analyses of the ethics and politics of such practices, the book looks at how alcohol and other drug ‘addiction’ emerges and is concretised through the everyday work lawyers and decision makers do. Foregrounding ‘practices’, the book also shows that law is more fragile than we might assume. It concludes by presenting a blueprint for how lawyers can rethink their advocacy practices in light of this fragility and the opportunities it presents for remaking law and the subjects and objects shaped by it. This ground-breaking book will be of interest not only to those studying and working within the field of alcohol and drug addiction but also to lawyers and judges practising in this area and to scholars in a range of disciplines, including law, science and technology studies, sociology, gender studies and cultural studies
Author : Coletta Youngers,Eileen Rosin
Publisher : Lynne Rienner Publishers
Page : 434 pages
File Size : 42,7 Mb
Release : 2005
Category : Political Science
ISBN : 1588262545
While the U.S. has failed to reduce the supply of cocaine and heroin entering its borders, it has, however, succeeded in generating widespread, often profoundly damaging, consequences on democracy and human rights in Latin America and the Caribbean.
Author : Simon Flacks
Publisher : Routledge
Page : 186 pages
File Size : 42,8 Mb
Release : 2021-03-31
Category : Law
ISBN : 9781000368437
Debates about the regulation of drugs are inseparable from talk of children and the young. Yet how has this association come to be so strong, and why does it have so much explanatory, rhetorical and political force? The premise for this book is that the relationship between drugs and childhood merits more exploration beyond simply pointing out that children and drugs are both ‘things we tend to get worried about’. It asks what is at stake when legislators, lobbyists and decision-makers revert to claims about children in order to sustain a given legal or policy position. Beginning with a genealogy of the relationship between the discursive artefacts of ‘drugs’ and ‘childhood’, the book draws on Foucauldian methodologies to explore how childhood functions as a device in the biopolitical management of drug use(rs) and supply. In addition to analysing decriminalisation initiatives and sentencing measures, it (unusually) reaches beyond the criminal context to consider the significance of the ‘politics of childhood’ for law- and policymaking in the fields of family justice and education. It concludes by arguing that the currency of childhood and ‘youth’ is not reducible to rhetoric; it shapes the discursive entities of drugs and addiction and is one of the ways in which particular substances become socially, culturally and politically intelligible. At the same time, ‘drugs’ serve as a technology of child normalisation. The book will be essential reading for policymakers as well as researchers and students working in the areas of Criminal Justice, Law, Psychology and Sociology.
Author : Roar Mikalsen
Publisher : CreateSpace
Page : 182 pages
File Size : 40,6 Mb
Release : 2015-03-27
Category : Electronic
ISBN : 1511497769
Half a century after world leaders signed the UN drug convention and committed themselves to the eradication of illicit drugs, it has become painfully obvious that things didn't turn out as planned. Not only have the drug laws failed to deliver us from the problems associated with drug use, but as the disastrous consequences of the drug war have become more apparent, the inherently problematic relationship to human rights law has also become more obvious. This book spells out these problems. The author takes you through the thinking behind our human rights conventions and by means of principled reasoning he details how our drug policies violate fundamental rights. The book is a must for anyone who wants to understand what the rights-oriented debate is all about, and whether you are a drug user who want to know your rights, a public official who want to know your duties, or a concerned citizen who simply want to learn more about these issues, it will tell you what you need to know. "Roar has written a kind of Thomas Paine's Common Sensepamphlet on the war on drugs for our time, which calls for peace and an end to the injustices of the drug war on the basis of principled opposition to unchecked government authority. It's a must consider for anyone interested in what The Declaration of Independence calls, 'natural justice.'" - Kenneth M. White, Assistant Professor of Criminal Justice and Political Science, Kennesaw State University. "Not only do we face a prohibition on drugs, we also face a prohibition on a discussion about it. Roar Mikalsen's book challenges both, and he makes strong points at every turn." -Judge James P. Gray (Ret.) Superior Court, Orange County, California. Author: Why Our Drug Laws Have Failed. "Roar has done a great job exposing the normative deficiencies in our drug control policies. Of course they violate human rights law, as he demonstrates so persuasively." -Douglas Husak, Professor of Law, Rutgers University. Author: Drugs and Rights."
Author : Piet Hein Petrus Hendrikus Mattheus Cornelius Kempen
Publisher : Unknown
Page : 128 pages
File Size : 46,5 Mb
Release : 2019
Category : Electronic
ISBN : OCLC:1159896699
Author : Damon Barrett
Publisher : BRILL
Page : 272 pages
File Size : 40,7 Mb
Release : 2020-03-31
Category : Law
ISBN : 9789004411494
In Child Rights and Drug Control on International Law, Damon Barrett explores the meaning of the child’s right to protection from drugs under the UN Convention on the Rights of the Child, and the relationship between this right and the UN drug control conventions
Author : Dr. Carl L. Hart
Publisher : Penguin
Page : 304 pages
File Size : 55,5 Mb
Release : 2021-01-12
Category : Social Science
ISBN : 9781101981658
“Hart’s argument that we need to drastically revise our current view of illegal drugs is both powerful and timely . . . when it comes to the legacy of this country’s war on drugs, we should all share his outrage.” —The New York Times Book Review From one of the world's foremost experts on the subject, a powerful argument that the greatest damage from drugs flows from their being illegal, and a hopeful reckoning with the possibility of their use as part of a responsible and happy life Dr. Carl L. Hart, Ziff Professor at Columbia University and former chair of the Department of Psychology, is one of the world's preeminent experts on the effects of so-called recreational drugs on the human mind and body. Dr. Hart is open about the fact that he uses drugs himself, in a happy balance with the rest of his full and productive life as a researcher and professor, husband, father, and friend. In Drug Use for Grown-Ups, he draws on decades of research and his own personal experience to argue definitively that the criminalization and demonization of drug use--not drugs themselves--have been a tremendous scourge on America, not least in reinforcing this country's enduring structural racism. Dr. Hart did not always have this view. He came of age in one of Miami's most troubled neighborhoods at a time when many ills were being laid at the door of crack cocaine. His initial work as a researcher was aimed at proving that drug use caused bad outcomes. But one problem kept cropping up: the evidence from his research did not support his hypothesis. From inside the massively well-funded research arm of the American war on drugs, he saw how the facts did not support the ideology. The truth was dismissed and distorted in order to keep fear and outrage stoked, the funds rolling in, and Black and brown bodies behind bars. Drug Use for Grown-Ups will be controversial, to be sure: the propaganda war, Dr. Hart argues, has been tremendously effective. Imagine if the only subject of any discussion about driving automobiles was fatal car crashes. Drug Use for Grown-Ups offers a radically different vision: when used responsibly, drugs can enrich and enhance our lives. We have a long way to go, but the vital conversation this book will generate is an extraordinarily important step.
Author : Maia Szalavitz
Publisher : Hachette GO
Page : 304 pages
File Size : 43,7 Mb
Release : 2021-05-11
Category : Electronic
ISBN : 0738285765
Journalist and author of the New York Times bestselling Unbroken Brain tackles the revolutionary concept of harm reduction, how it can transform the treatment of addiction, and how it holds the potential to revolutionize our treatment of behavioral and societal issues. In her New York Times bestseller Unbroken Brain, journalist Maia Szalavitz took an unflinching look at addiction, challenging the idea of the "broken brain" to offer a groundbreaking perspective on addiction as a learning disorder. Now she turns her keen eye and narrative powers to the surprisingly simple--and extremely divisive--practice of harm reduction, which is a revolutionary means to solving the drug addiction crisis. Drug overdoses now kill more Americans annually than guns, cars or breast cancer. But in the name of "sending the right message," we have criminalized drug addiction, denied those who are addicted medical care, housing and other benefits, and have deliberately allowed the spread of fatal diseases. Yet there is an alternative to our present system, one that has been proven to work, but which runs counter to the received wisdom of our criminal and medical industrial complexes. It is called harm reduction. A surprisingly simple idea with enormous power, harm reduction takes the focus off of drug use and instead works to minimize associated damage. It represents the philosophy behind needle exchange programs and providing heroin addicts with the overdose medication naloxone instead of arresting them. It is focused not on punishing pleasure but on minimizing harm; in essence, it is a wholesale refutation of the American way of justice. Undoing Drugs tells the story of harm reduction. It will show how this concept has begun to transform the treatment of addiction and how it holds the potential to revolutionize how we deal with a range of other urgent behavioral and societal issues. Harm reduction challenges people to prioritize radical empathy and kindness over punishment as a way of not only dealing with drug use, but also in questions related to racism, sexism, disability and inequality. And, as Szalavitz shows, it says unequivocally that we must be more concerned about saving lives and health than about criminalizing quality-of-life crimes. Szalavitz argues for a practical application of the Hippocratic oath to "First, do no harm" beyond medicine and to those who urgently need it most.
