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5 " 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

8 " The century of Einstein and Planck was also the century of Hitler. The Gestapo and the scientific renaissance were children of the same age. How humane the nineteenth century seemed, that century of naive physics, when compared with the twentieth century, the century that had killed his [Viktor's] mother. There is a terrible similarity between the principles of Fascism and those of contemporary physics.Fascism has rejected the concept of a separate individuality, the concept of " a man," and operates only with vast aggregates. Contemporary physics speaks of the greater or lesser probability of occurrences within this or that aggregate of individual particles. And are not the terrible mechanics of Fascism founded on the principle of quantum politics, of political probability?Fascism arrived at the idea of the liquidation of entire strata of the population, of entire nations and races, on the grounds that there was a greater probability of overt or covert opposition among these groupings than among others: the mechanics of probabilities and of human aggregates.But no! No! And again no! Fascism will perish for the very reason that it has applied to man the laws applicable to atoms and cobblestones!Man and Fascism cannot co-exist. If Fascism conquers, man will cease to exist and there will remain only man-like creatures that have undergone an internal transformation. But if man, man who is endowed with reason and kindness, should conquer, then Fascism must perish, and those who have submitted to it will once again become people. "

10 " The Hartle-Hawking derivation of the unconditional probability of the existence of a universe of our sort is inconsistent with classical theism. The unconditional probability is very high, near to 1. For purposes of simplification, we are saying the probability is 99 percent; there is a 99 percent probability that a universe of our sort—I will call it a Hartle-Hawking universe—exists uncaused.The universe exists uncaused since the probability amplitude is determined by a summation or path integral over all possible histories of a finite universe. That is, the probability that a Hartle-Hawking universe exists follows directly from the natural-mathematical properties of possible finite universes; there is no need for a cause, probabilistic or otherwise, for there to be a 99 percent probability that a Hartle-Hawking universe will exist.This is not consistent with classical theism. According to classical theism, if a universe is to have any probability of existing, this probability is dependent on God's dispositions, beliefs, or choices. But the Hartle-Hawking probability is not dependent on any supernatural states or acts; Hartle and Hawking do not sum over anything supernatural in their path integral derivation of the probability amplitude.Furthermore, according to classical theism, the probability that a universe exist without divine causation is 0, and the probability that if a universe exists, it is divinely caused, is 1. Thus, the probabilities that are implied by classical theism are inconsistent with the probabilities implied by the Hartle-Hawking wave function of the universe. "