Legislating morality

In an influential essay entitled On Liberty Mill argues for a much more limited role of government than is embodied in the American system today. He believes social utility will be maximized if individuals are generally allowed to make their own life decisions as long as these don't involve harm to others. This means, among other things, that in his view there shouldn't be laws against "victimless crimes" or situations in which the only one directly harmed is a rationally competent adult who has freely chosen a certain action or lifestyle. For example, Mill would oppose legislation against polygamy, same-sex marriages, prostitution, gambling, or the recreational use of drugs or alcohol in contexts that don't pose a threat to others. He'd view laws against such activities as expressions of the "tyranny of the majority," an oppressive attempt by the majority to legislate morality for everyone, even on issues that are rightly in the purview of individual choice. Many have argued against Mill, however, that it's not so easy to draw the line between the personal sphere and the public sphere and that significant government involvement is necessary to ensure public welfare. Use the hyperlinks below in your effort to judge for yourself what sort of legislation if any is appropriate for the issues below.

The drug war
Drug War Facts
	General source of information on numerous aspects of the drug war ( http://www.drugwarfacts.org/ )
U.S. Drug Enforcement Administration
	Home page of the DEA; includes information about drug use, drug policies, etc.; against legalization ( http://www.usdoj.gov/dea/ )
Drug Watch International
	Home page of nonprofit organization against drug legalization ( http://www.drugwatch.org/ )
The Wrong Message of Legalizing Illicit Drugs
	Essay against legalization from the Shaffer Library of Drug Policy ( http://www.druglibrary.org/schaffer/GOVPUBS/wrong1.htm )
Legalization: Myths and Misconceptions
	Discussions from the U.S. Department of Justice against legalization ( http://www.druglibrary.org/schaffer/debate/myths/myths1.htm )
Why we should stop the drug war
	Commentary and links from Timothy M. Radonich ( http://whatrain.com/drugcontrol/ )
Should we Re-Legalize Drugs?
	Position paper in support of drug legalization from the Libertarian party ( http://www.lp.org/issues/relegalize.html )
Rethinking the International Drug War
	Chapter from the CATO Handbook for Congress supporting drug legalization; additional studies and commentaries from CATO available http://www.cato.org/current/drug-war/index.htmlhere ( http://www.cato.org/pubs/handbook/hb105-55.html )

Prostitution
Prostitution Law Reform: Defining Terms
	Clarification of difference between legalization and decriminalization and other terminological issues from BAYSWAN ( http://www.bayswan.org/defining.html )
Daze Reader
	Collection of editorials, interviews, and news articles relating to prostitution ( http://dazereader.com/prostitution.htm )
Legalizing Prostitution will Not Stop the Harm
	Article against legalization by feminist Donna M. Hughes (University of Rhode Island) ( http://www.uri.edu/artsci/wms/hughes/mhvlegal.htm )
Legalized Prostitution
	Arguments in favor of legalization from The Liberator site ( http://www.liberator.net/articles/prostitution.html )
Legalize Prostitution
	Essay by Joseph C. Sommer for legalization as a means of reducing violent crime against prostitutes, among other reasons  ( http://www.humanismbyjoe.com/prostitution.htm )
Decriminalization vs. legalization
	Support for decriminalization of prostitution from Freedom USA ( http://www.freedomusa.org/coyotela/decrim.html )

The scope of human rights Coming out of the tradition of Locke and other followers of classical liberalism, America's founding fathers emphasized the importance of respecting negative rights (liberty rights), i.e., rights of noninterference.  These include freedom of speech, freedom of religion, and freedom of assembly.  Such negative rights impose the duty on others to refrain from restricting your individual choices as long as these don't harm others.  More recently, however, much attention has been paid to so-called positive rights (welfare rights), rights to be helped in the fulfillment of one's significant needs and interests. These positive rights are correlated with the duty of others to provide you with certain goods or services.  Typical claims of positive rights are rights to health-care and to a living wage.  The U.N. Universal Declaration of Human Rights includes many claims to positive rights, which is one reason it has not been ratified by the U.S.  If you believe there are human rights, do you think they include positive as well as negative rights?  What would you include in a list of universal human rights?  Click on some of the hyperlinks below to explore the issue of the scope of human rights.
The Declaration of Independence (July 4, 1776)
	Text from Liberty! online ( http://libertyonline.hypermall.com/declaration.html )
Constitution for the United States of America
	Text from the Constitution Society ( http://www.constitution.org/constit_.htm )
Bill of Rights
	Text from the Constitution Society ( http://www.constitution.org/billofr_.htm )
Declaration of the Rights of Man
	Declaration passed by the National Assembly of France, 1789; text from the Avalon Project (Yale Law School) ( http://www.yale.edu/lawweb/avalon/rightsof.htm )
The Seneca Falls Declaration on Women's Rights
	Early declaration in the American women's rights movement, based on the Declaration of independence; text from Britannica Online ( http://search.eb.com/women/pri/Q00172.html )
Universal Declaration of Human Rights
	Resolution passed by the U.N. General Assembly, Dec. 1948; text also available from Amnesty International ( http://www.un.org/Overview/rights.html )
Universal Islamic Declaration of Human Rights
	Declaration based on the Qur'an and the Sunnah of Islam ( http://www.alhewar.com/ISLAMDECL.html )