Alright, gang. I’m starting a new category here at Stumax.com called Challenges. I’m going to occasionally raise issues that have been on my mind and challenge you to change my thinking about them. First up: prohibition.
Prohibition—the banning of substances or behaviors—has never been an effective legislative strategy. Prohibition is almost always instituted against things for which there is little organized support—alcohol, drugs, abortion, file sharing—and for which speaking against scores political points among certain sectors of the public.
Societally-reinforced prohibitions keep many things in check, like spitting on the sidewalk or yelling at your spouse in public. There are strong social mores against that kind of behavior and these are behaviors are discouraged by public disapproval. One can imagine that a ban against these things would be somewhat effective, if unnecessarily redundant. And, of course, laws against murder and theft are right and necessary because these things are agreed to be morally wrong and to cause actual harm to individuals.
However, when you try to ban something that a large number of people don’t think is essentially wrong, you don’t have the same social disapproval working in your favor. There may even be sublte encouragement or respect for people who violate the law when such a violation is seen as justifiable. So legislating against something that is popular and “harmless” does nothing eliminate the behavior.
Per capita consumption of alcohol was actually higher during Prohibition than when alcohol was legal. The prohibition of marijuana and other narcotics has been an utter failure. Worse, these prohibitions have fostered demonstrable increases organized crime, gang violence, and police corruption. The idea that certain substances or behaviors can be effectively regulated out of existence is a false hope that should be eradicated. The harm caused by these prohibitions to law-abiding citizens amounts to irresponsible governance, and the strategy needs to be removed from our legislators’ vocabulary.
Or am I wrong? Can anyone out there show me an instance where prohibiting a substance or behavior has been an effective strategy to reduce a perceived evil?
Prohibition has never worked. Prove me wrong.