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Criminal Law

: Sentencing Law and Policy

Deep thoughts (and a great title) concerning drug and vice crimes

By Douglas A. Berman

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This article available via SSRN attracted my attention based just on its title, which is "Sex, Drugs, Rock & Roll and Moral Dirigisme: Toward a Reformation of Drug and Prostitution Regulations."  And, as this part of the abstract highlights, there are some deep thoughts behind the cool title: This Article builds upon various scholarly critics of moralistic laws to argue that legal prohibition of drugs and prostitution is inefficient.  In so doing, it relies on economists? scholarship, which has demonstrated that the high costs of regulation are not justified, considering the minimal success of these regulations as well as the harm caused by those regulations.  Philosophers, for millennia, have grappled with formulating principles of morality and have attempted to determine which of those principles ought to be codified and imposed as societal rules of law on individuals...continue to full post

Full post as published by Sentencing Law and Policy on December 19, 2009 (boomark / email).

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