Legislating Morality (II)

Donald Boudreaux is co-proprietor of Cafe Hayek. I agree with him on almost everything (defense being the notable exception), but I can’t swallow this:

Too bad that too few people realize – as does the Rev. Robertson today [regarding marijuana], and as did Mr. Rockefeller 80 years ago [regarding alcohol] – that government cannot prohibit private behaviors without unleashing consequences far worse than those of the prohibited behaviors themselves.

That’s a too-sweeping statement. Does the “prohibition” of theft and murder unleash consequences “far worse than those of the prohibited behaviors”? I don’t think so.

On the contrary, the “prohibition” by statute and ordinance of direct harms to life, liberty, and property enables the state to perform one of its two legitimate functions, which is to punish those harms and thereby deter their commission (at least partially). (The other legitimate function is to defend us from foreign predators.)

Where is the line between legitimate and illegitimate state action properly drawn? That’s a tough question. My general answer is that the state should be authorized to act in defense of long-standing social norms. Those norms used to encompass the last six of the Ten Commandments, which “prohibit” certain interpersonal transgressions: murder, adultery, theft, libel and slander, and covetousness. But under the dispensation of the “liberal” state, murder is not punished timely or adequately, adultery is encouraged (and marriages and families broken) by no-fault divorce laws, libel and slander are commonplace, and “social justice” is covetousness rampant.

I would say that “prohibition” has a rightful place in the maintenance of civil society.

Related posts:
The Principles of Actionable Harm
Line-Drawing and Liberty
Myopic Moaning about the War on Drugs
Saving the Innocent
Facets of Liberty
Crimes against Humanity
Abortion and Logic
Why Stop at the Death Penalty?
The Myth That Same-Sex “Marriage” Causes No Harm
Lock ‘Em Up
Legislating Morality