Mensch tracht, und Gott lacht

Monday, December 20, 2004

Harm and the Law

Hunter writes, regarding laws against driving after having drunk two glasses of beer, laws which he supports and which I oppose: "Harm is not the only basis for enacting a law and punishing violators. Deterrence and retribution are also bases for invoking the power of the state."

I respectfully disagree. There is no basis whatever for deterrence of or retribution for anything that does not harm anyone. Laws against merely drinking and driving do not pass the harm test when, as is true in most U.S. states today, no actual offense that could even potentially cause harm in itself is required for prosecution.

No comments: