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The Philosophy of Drunk Driving
Should drunk driving be illegal? Not according to Llewellyn H. Rockwell, Jr.
Jam it back in, in the dark. |
The difference between degrees of murder and manslaughter is not the crime itself, but the intent and the cause of the crime.
Similarly, a person who drives drunk receives a harsher punishment than someone who doesn't drive drunk but does the same harm. There's nowhere I can't reach. |
Your perspective (which you share with Rockwell) could extend to many, many more substances. Be careful what you wish for. This thing is sticky, and I don't like it. I don't appreciate it. |
Well, clearly if people can't drive when they're high on PCP, they should also be pulled over and ticketed or arrested. Current drinking laws aren't doing much to curtail instances of substance use and driving than they couldn't without a culture shift as we've seen with all of the beer commercials telling us to set a designated driver. If someone is set on driving while high on a substance, no amount of legislation is going to stop them.
If somebody commits manslaughter while sober, are they not after all a constant danger to everyone around them? I understand the cultural distinctions, I'm just saying that they don't mean jack shit. In the end, being drunk is a liability no different from any other. Looking at it statistically, red cars are involved in the most accidents. Should we ban red cars? Most amazing jew boots |
If you've noticed the recent ad campaigns against drunk driving, they're not appealing to the safety risk one causes, but fear of police action. Most amazing jew boots |
The Government has an obligation to keep the populace safe. Keeping drunk drivers off the road is an obvious part of that. What kind of toxic man-thing is happening now? |
Driving is a privilege, not a right, and as such they do reserve the right to limit what we can or cannot do while exercising this privilege. FELIPE NO #654: Braixen |
Staying on the traffic topic...
We have red lights, and it is illegal to run a red light. A police officer could pull you over for that. But what if you run a red light and don't hurt anyone? I mean, the law that a person must stop at a red light is not necessarily going to lead to someone not being injured. It is a preventative law. So, we make it legal to run red lights and only prosecute people when their action causes a wreck. Sound plausible? What, you don't want my bikini-clad body? |
Member 3700 Level 2.50 Mar 2006 |
There seems to be a place for punishing gross negligence in our laws. These blood-alcohol content laws seem to be a way of defining what is negligent enough to be blameworthy.
When we say that someone is 'intent on doing x', we seem to be saying that nothing will stop them from doing x by the very definition of the word 'intent'. So what? If I am intent on killing Sally, does that mean that we cannot legislate against intending to kill people? Why is driving drunk a special case?
Jam it back in, in the dark. |
Your last point is illogical because murder laws are not made by design to prevent the act, but to punish the act.
That seems to be the main point hinged on the article (although I agree with the point about state's rights), that the law should not be allowed to have preventative measures in it, that we should only make harm illegal and not the causes of harm. I wonder what the author's view on conspiracy to commit ____ is (even though that has the added intent of harm, while you can't say the same for drunk driving). There's nowhere I can't reach.
Last edited by BlueMikey; Jan 13, 2007 at 11:52 AM.
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It's probably something that the author wasn't thinking about, because the subject was drunk driving, which doesn't represent the intent to destroy or damage life and/or property. I don't think anybody would be so unreasonable as to say that if you have evidence of conspiracy to break the law, that the persons engaged in that conspiracy shouldn't be charged with conspiracy to commit _____.
There's another problem to this that hasn't been considered, which is that the severity of a crime doesn't have to be ruled out in sentencing. There's nothing stopping a judge or jury from issuing harsher sentences based on context, such as the offender being inebriated, it's just that legislating inebriation itself is wrong when the driver hasn't actually commited any infringements upon the freedoms of others.
I also think that using fear in order to encourage observance of the law runs counter to the principles of a free society. I mean, have you seen these commercials? The drivers aren't portrayed as violating any traffic laws, the message is that you will get ticketed for drunk driving. Not that you may depending on your driving performance, but that the police are some kind of empaths which can reach out and detect every drunk driver on the roads, enough so that driving while drunk is analogous to driving in a car whose interior is buried in whiskey or cocktails.
Drunk driving, in and of itself, doesn't pose a danger to others. The only thing that affects the safety of others on the road is the performance of the driver, and while being drunk may affect said performance, it is only a probability and not a guarantee. Running a red light is illegal, because the drivers who are observing traffic laws are operating under the assumtion that when they have a green light, they can accelerate without worrying about another vehicle careening down the perpendicular lanes. People do operate under the assumtion, however, that the actual driving performance of others on the road may not be up to snuff. It's the very purpose of defensive driving. What you're arguing is basically the observance of the law, while what I'm arguing is the relevancy of said law, not whether or not it's ok to break it.
This thing is sticky, and I don't like it. I don't appreciate it.
Last edited by Bradylama; Jan 13, 2007 at 12:45 PM.
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Member 3700 Level 2.50 Mar 2006 |
BlueMikey, take the following example: if someone kills Sally, I will give him a million dollars. If there were no consequences in place for murder, it seems plausible that more people would be willing to take me up on my offer. The negative consequences to the person seem to serve as a preventative measure for those who choose not kill for reasons that aren't humanitarian. For example, no one with high personal moral standards against murder would take the offer, so the law doesn't prevent these people from killing because there are other factors preventing them from doing so.
However, the laws do seem to prevent people who do not have a good moral compass, but rather think only in terms of their own self interest. Hence, if there were no punishments for murder, then earning a million dollars for killing would not seem like such a bad thing to such a person. However, in this case, the consequences outweigh the benefits, so these people do not take the offer. Hence, it seems that murder laws do have a preventative aspect to them. I have just given an instance of where a murder law does seem to prevent some people from killing. And I deny that murder laws were only intended to punish. I have just demonstrated a plausible example which is not so out of the ordinary that legislators could not have possibly had it or something similar in mind when they thought up murder laws. I am a dolphin, do you want me on your body? |
Only, murder represents an act of theft from society, in this case a life, which is considered the highest form of theft.
While theft benefits the thief, being inebriated is only a case of robbing oneself of fine motor skills. Therefore, if we were to apply your ridiculous analogy to this situation, legislating drunk driving is an example of the government protecting us from ourselves, which is already a ridiculous notion because one's personal safety should be the choice of the individual. There are no benefits involved in driving while drunk, other than possibly encouraging one to observe all traffic laws, therefore laws involving drunk driving can only be punitive. How ya doing, buddy? |
Accidents happen when you're sober, yes. Accidents are, in fact, irrefutably more likely to happen when your motorskills and decision making capabilities are decidedly impaired.
Sure, there are a lot of people who can drive competently, even with a BAC of 0.08, but that's because of their tolerance. I don't think you should be allowed behind the wheeel of a motor-vehicle while under the influence of substances such as alcohol. Because there's a direct correlation between BAC and impairment of faculties. I really don't see how you can argue otherwise. The government's not telling you "hey, you're not allowed to put [chemical X] in your bloodstream, you're just not allowed to do it and DRIVE, where there are other people who could be put at risk because of your ARROGANCE and/or STUPIDITY."
What kind of toxic man-thing is happening now? Posting without content since 2002.
Last edited by Duo Maxwell; Jan 13, 2007 at 01:20 PM.
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No, I don't think that we should be legislating against drunk driving, because police should only be concerned about the performance of drivers, not their blood alcohol content. You don't need high motor functions to drive safely, I mean, driving a car isn't like stabbing a knife between the gaps in your fingers. FELIPE NO |
You turn a wheel and push down on a pedal. You're only working with two examples of force.
Beyond that, safe driving is mostly a matter of concentration. How do you think the disabled drive? What, you don't want my bikini-clad body? |
I dunno, you'd need numbers for that.
You're also describing situations that are impossible for people to avoid with normal reflexes. Avoiding those kind of accidents involves many elements of chance, and the danger being presented isn't the one caused by the drunk driver. Most amazing jew boots |
There's nowhere I can't reach. |
I don't think you understand how much some of these things are determined by chance. A momentary distraction, say you're paying attention to the wrong car, and then you get blind-sided. There are people around here who drive in blind spots, so I know a thing or two about asshole drivers.
Yes, reaction times do help accident avoidance, but it also doesn't mean that the intoxicated are incapable of reacting to and avoiding a possible accident. I can't really tell you how they can do it, because I've never driven while drunk. We need somebody who would actually be willing to admit to it, and I don't doubt there are a few members on this board who have gone out, partied, and then thought they had to drive themselves home. When you're pursuing this line of reasoning, you're also essentially arguing that drunk driving legislation is supposed to protect drunk drivers from themselves, because in all of the incidents you're bringing up as examples, the drunk driver isn't the party presenting a danger.
This thing is sticky, and I don't like it. I don't appreciate it. |
I have made the case against drunk driving laws, but also seatbelts and cell phones, which I think violate our right to drive. Of course, I'm also libertarian++. Whoever said that driving was a 'privelege', not a right, please do read more about what makes a 'right' a right. The basic three rights (rights to life, liberty, and the pursuit of happiness) incorporates a lot of other rights. From the comment you made, it sounds like you're liberal; you're using the same tactics conservatives use (There's no right to sodomy!). Of course, there is a practical side of things and an idealistic side of things. While they are both equally important (ideas spur the actions, after all), we cannot do random actions if we wanted to make the US a more free society. Let me tell you: destroying income taxation right now would destroy our society. We need to work on other aspects, first. Frankly, making drunk driving a non-issue by the government is pretty low on the list. Still, it takes courage, sometimes, to acnowledge some of the absurdities in our society, even when unpopular, and I'm happy this article was written. I am a dolphin, do you want me on your body? |
Driving is a privilege. Seatbelt laws and possible cell phone bans only impenge on one's freedom to drive, but it doesn't classify as the violation of a right. In order for driving to be a right, it would have to be a positive one. I.E, you would be guaranteed the ability to drive irregardless of any past violations.
You aren't sounding like a very good Libertarian at this point. Most amazing jew boots
Last edited by Bradylama; Jan 13, 2007 at 02:27 PM.
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Member 3700 Level 2.50 Mar 2006 |
Bradylama, my analogy specifically compared the preventative aspects of murder laws to the preventative aspects of drunk driving laws. I was responding what I perceive to be your general conclusion: if a law is not able to prevent the act from happening, then it is a bad law. I am merely pointing out that in general the conclusion does not hold regardless of whether the law is intended to prevent murder, drunk driving, or walking down the street. The analogy was meant to provide a counterexample to the general claim. If you do not think that you made such a claim, then I'm glad we are in agreement.
Your other examples, such as muscle soreness and fatigue while driving may therefore only prove that we needed to restrict those things, too (and I know for sure that fatigue is restricted to some degree). Even if we granted that all things that can impair driving must be restricted, that still doesn't prove that they all must be restricted to the same degree as drunk driving is. Until I see the numbers on how many people muscles soreness kills in car accidents every year, I am more hesitant to place as heavy-handed restrictions on it as we do on drunk driving. What kind of toxic man-thing is happening now? |
What I was really attacking was the concept that: that which is not a right can be regulated and destroyed as often as the government wants. Rights are positive and very broad; we have a right to liberty, not to walking down the street. That doesn't mean that walking down the street, however, should be unduly regulated in any way, which is why curfews are generally illegal. I hate when people argue that because driving is not a right, but a privelge, our freedom to drive should be completely under the jurisdiction of whatever the hell the local (or federal) government wants from us.
Besides that, I also mean that income taxation being repealed would allow nothing but what a government should be funding. We live in a society where government does a whole lot more than what it should be doing. Repealing income taxation right now without other forms of taxation materializing (like, what was that damn fair tax, 28% sales tax?) we would be bankrupt in a heartbeat. Like most libertarian-minded people, you seem to be forgetting the distinction between what is ideal and what is currently practical. I'm all for abolishing income taxation for obvious reasons; I'm not for doing it tomorrow and ignoring everything else. It is a problem that can and should be saved for the far-off future. Most amazing jew boots
Last edited by Hachifusa; Jan 13, 2007 at 02:42 PM.
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What, you don't want my bikini-clad body? |
Member 3700 Level 2.50 Mar 2006 |
As for probabilities, how high of a probability of someone/something getting hurt must we see before we restrict drunk driving?
Jam it back in, in the dark. |