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2 " A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence. "

, Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility

4 " Comparing marriage to football is no insult. I come from the South where football is sacred. I would never belittle marriage by saying it is like soccer, bowling, or playing bridge, never. Those images would never work, only football is passionate enough to be compared to marriage. In other sports, players walk onto the field, in football they run onto the field, in high school ripping through some paper, in college (for those who are fortunate enough) they touch the rock and run down the hill onto the field in the middle of the band. In other sports, fans cheer, in football they scream. In other sports, players ‘high five’, in football they chest, smash shoulder pads, and pat your rear. Football is a passionate sport, and marriage is about passion. In football, two teams send players onto the field to determine which athletes will win and which will lose, in marriage two families send their representatives forward to see which family will survive and which family will be lost into oblivion with their traditions, patterns, and values lost and forgotten. Preparing for this struggle for survival, the bride and groom are each set up. Each has been led to believe that their family’s patterns are all ‘normal,’ and anyone who differs is dense, naïve, or stupid because, no matter what the issue, the way their family has always done it is the ‘right’ way. For the premarital bride and groom in their twenties, as soon as they say, “I do,” these ‘right’ ways of doing things are about to collide like two three hundred and fifty pound linemen at the hiking of the ball. From “I do” forward, if not before, every decision, every action, every goal will be like the line of scrimmage. Where will the family patterns collide?In the kitchen. Here the new couple will be faced with the difficult decision of “Where do the cereal bowls go?” Likely, one family’s is high, and the others is low. Where will they go now? In the bathroom. The bathroom is a battleground unmatched in the potential conflicts. Will the toilet paper roll over the top or underneath? Will the acceptable residing position for the lid be up or down? And, of course, what about the toothpaste? Squeeze it from the middle or the end? But the skirmishes don’t stop in the rooms of the house, they are not only locational they are seasonal. The classic battles come home for the holidays. Thanksgiving. Which family will they spend the noon meal with and which family, if close enough, will have to wait until the nighttime meal, or just dessert if at all? Christmas. Whose home will they visit first, if at all? How much money will they spend on gifts for his family? for hers? Then comes for many couples an even bigger challenge – children of their own! At the wedding, many couples take two candles and light just one often extinguishing their candle as a sign of devotion. The image is Biblical. The Bible is quoted a man shall leave his father and mother and be joined to his wife, and the two shall become one. What few prepare them for is the upcoming struggle, the conflict over the unanswered question: the two shall become one, but which one? Two families, two patterns, two ways of doing things, which family’s patterns will survive to play another day, in another generation, and which will be lost forever? Let the games begin. "