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32 " 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

33 " As a special branch of general philosophy, pathogenesis had never been explored. In my opinion it had never been approached in a strictly scientific fashion--that is to say, objectively, amorally, intellectually.

All those who have written on the subject are filled with prejudice. Before searching out and examining the mechanism of causes of disease, they treat of 'disease as such', condemn it as an exceptional and harmful condition, and start out by detailing the thousand and one ways of combating it, disturbing it, destroying it; they define health, for this purpose, as a 'normal' condition that is absolute and immutable.

Diseases ARE. We do not make or unmake them at will. We are not their masters. They make us, they form us. They may even have created us. They belong to this state of activity which we call life. They may be its main activity. They are one of the many manifestations of universal matter. They may be the principal manifestation of that matter which we will never be able to study except through the phenomena of relationships and analogies. Diseases are a transitory, intermediary, future state of health. It may be that they are health itself.

Coming to a diagnosis is, in a way, casting a physiological horoscope.

What convention calls health is, after all, no more than this or that passing aspect of a morbid condition, frozen into an abstraction, a special case already experienced, recognized, defined, finite, extracted and generalized for everybody's use. Just as a word only finds its way into the Dictionary Of The French Academy when it is well worn stripped of the freshness of its popular origin or of the elegance of its poetic value, often more than fifty years after its creation (the last edition of the learned Dictionary is dated 1878), just as the definition given preserves a word, embalms it in its decrepitude, but in a pose which is noble, hypocritical and arbitrary--a pose it never assumed in the days of its vogue, while it was still topical, living and meaningful--so it is that health, recognized as a public Good, is only the sad mimic of some illness which has grown unfashionable, ridiculous and static, a solemnly doddering phenomenon which manages somehow to stand on its feet between the helping hands of its admirers, smiling at them with its false teeth. A commonplace, a physiological cliche, it is a dead thing. And it may be that health is death itself.

Epidemics, and even more diseases of the will or collective neuroses, mark off the different epochs of human evolution, just as tellurian cataclysms mark the history of our planet. "

Blaise Cendrars , Moravagine