Saturday, December 29, 2012

There’s a moral imperative not to do something that’s likely to make matters worse

From So What Are We Going to Do About It? by Eugene Volokh.
But let me offer a concrete analogy (recognizing that, as with all analogies, it’s analogous and not identical). Every day, about 30 to 35 people are killed in the U.S. in gun homicides or gun accidents (not counting gun suicides or self-inflicted accidental shootings). And every day, likely about 30 to 35 people are killed in homicides where the killer was under the influence of alcohol, or in alcohol-related drunk driving accidents, again not including those who died in accidents caused by their own alcohol consumption. If you added in gun suicides on one side and those people whose alcohol consumption killed themselves on the other, the deaths would tilt much more on the side of alcohol use, but I generally like to segregate deaths of the user from deaths of others.

So what are we going to do about it? When are we going to ban alcohol? When are we going to institute more common-sense alcohol control measures?

Well, we tried, and the conventional wisdom is that the cure was worse than the disease — which is why we went back to a system where alcohol is pretty freely available, despite the harm it causes (of which the deaths are only part). We now prohibit various kinds of reckless behavior while using alcohol. But we try to minimize the burden on responsible alcohol users, by generally allowing alcohol purchase and possession, subject to fairly light regulations.
[snip]
But on balance the answer to “what are we going to do about alcohol-related deaths?” is “not much, other than trying to catch and punish alcohol abuse.” And if someone says, “you’re obviously not serious about preventing drunk driving and alcohol-related homicide, because you’re not proposing any new alcohol bans or alcohol sales restrictions,” our answer is generally, (1) “just because there’s a problem out there doesn’t mean that we should impose new regulations that are likely ineffective and possibly counterproductive,” and (2) “punish misuse of alcohol, rather than burdening law-abiding users.”
[snip]
We should certainly consider proposals that aim to ameliorate the problem, and weigh their costs and benefits. But we should not presume that there’s somehow a moral imperative to Do Something. In fact, there’s a moral imperative not to do something that’s likely to make matters worse.

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