Legalize This!

In Legalize This!, Douglas Husak, Professor of Philosophy and Law at Rutgers University, argues that individuals should not be punished simply for using an illicit drug.

Many fine books have critiqued the war on drugs.  Husak’s book is different in three important respects.  First, it draws from theories of criminalization and punishment.  We cannot hope to understand whether it is just or unjust to punish drug users unless we understand when it is just or unjust to employ the criminal law generally.  Husak’s solid background in criminal law helps him to situate drug policy in the larger context of criminal justice.  Legalize This! encourages thought about punishments for drug users by reflecting on the nature and function of the criminal law.

Second, Legalize This! does not dwell on the familiar criticisms of the drug war.  Many commentators have argued---persuasively---that our current approach is ineffective and counterproductive.  The war on drugs cannot be won, and does more harm than good.  Husak raises a more fundamental objection: punishing drug users is unjust.  The case against drug prohibitions does not depend on controversial attempts to balance costs and benefits, but on principles of justice that reasonable persons should accept.

Third, Legalize This! contends that the debate on drug policy is typically misconceived.  The fundamental issue is not whether drug use should be decriminalized, but whether drug use should be criminalized.  The best reason not to punish drug users is that no reason to do so is compelling.  Husak evaluates four possible reasons to punish drug users: to protect children, to reduce crime, to preserve health, or to prevent immorality.  According to a review in the Economist, Husak “destroys” these reasons; his “destruction job is elegantly argued and philosophically informed.”