This assignment asks of us to
investigate two distinct topics that fall under a major here at UCSB. I chose
to work with topics that fell under Philosophy because in philosophy it’s more
about analyzing situations and coming to a conclusion of what you personally
believe is the best possible solution or outcome to the situation presented.
The first topic I read about was the Harm Principle, and in the article I read
it is specifically about constitutionalizing the Harm Principle and bringing it
into effect in our society. The second topic I read about was the
decriminalization of drugs according to philosopher Douglas Husak. These two
topics eventually correlate with each other since they both evolve around
criminal actions and their consequences.
The
first article I read is titled “Constitutionalizing the Harm Principle” written
by Dennis J. Baker and he is fighting against criminal punishment for criminal
actions that cause no harm to others. Both topics are ethical issues that fight
for just and fair consequences for any given action. The Harm Principle calls
for jail and prison time only for criminals that directly hurt or bring
suffering to their victims. Baker gives the example of a woman getting raped to
clearly illustrate what he means by a crime that brings harm. A woman does not
asked to get raped, and being raped may bring physical and emotional pain to a
victim for many years; therefore, a rape crime is a crime that does require
jail time. Baker defines many terms throughout the article so that the reader
knows exactly the point he is trying to get across, because it is a pretty
tricky argument he is trying to convey and any sort of misinterpretation of the
argument may cause confusion. He also refers back to other philosophers that he
has researched in order to formulate his argument. Specifically, he refers back
to Andrew von Hisch’s theory of punishment to present just punishments for
different criminal acts that are committed. Baker is very good at presenting
scenarios that may be asked about his argument such as what if the act is an
accident, but it still brings harm. His answer to that is that bad consequences
don’t necessarily imply wrongness. Baker is out to get people with bad
intentions upon others. Not all criminals are breaking the law to bring pain
and distress to other people, but those who do should in fact be locked up in
jail.
The
second article I read was titled “Four Points about Drug Decriminalization” by
Douglas Husak. Husak is another philosopher who evolves his work and research
around ethics and in this specific article he argues for the just punishments
that should be handed out for crimes having to do with drug use. He doesn’t
touch the topic of drug production or sale, but instead focuses on possession
and use alone. Like Baker, he proclaims that people who are jailed for simply
having or using drugs are given unfair treatment. He also believes that crimes,
such as drug use, that don’t cause any harm to others should not be punished or
criminalized at all. Husak also does a good job of introducing possible
scenarios that may be thrown at him to falsify his argument and he states his
responses to those claims. Husak uses a very structured layout when he wrote
his article. He broke it up into four sections, and with this he was able to
focus one point per section. His argument is a complex one because it has so
many scenarios that may be thrown at him such as an increase in drug use if it
is decriminalized and he has to give an argument for all these scenarios that
he has worked on already beforehand. He is sticking by his argument that a
crime has to deliberately bring harm to others for it to be labeled as a crime
that deserves criminal punishment such as jail time. He argues that jail time
is not the right way to punish any sort of drug use because it will not fix the
problem at hand. In the entire article he never says that he promotes and
accepts drug use as ok, but his stance is that if a person wants to consume
drugs and is not hurting anyone along the way then he can do what he pleases.
He brings up evidence that serves as proof that indicate that if drugs are
indeed decriminalized it doesn’t mean that the number of drug usage will
increase. The way he structures the article and each section serves a specific
point that all add up together and flow in a formulated manner. They serve as a
buildup towards his concluding point in which all the previous sections mash up
and his conclusion and main argument are established.
The author has a strong argument that backs the reasons why he is interested and chose the field of philosophy for this assignment. The two articles chosen compliments one another with ease. The paragraph that mentioned the structures of the two articles was very strong. However, I suggest you include the genres, and tone to further improve the this assignment.
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