All the words used to describe making something which was once made "illegal" legal again miss the mark for me.
"Legalize", "decriminalize"... eh. I don't care for the words because they seem to carry the idea that "law" is a real thing.
I would rather see things completely removed from the province of "law", where they should never have been shoved in the first place.
That "-ize" suffix seems to imply a certain made-upness. If something isn't really random, you can make it seem random by "randomizing" it. So, if something has been deemed "illegal" you can give it the appearance of "legality" by "legalizing" it. But, the "law" was the bizarre act, not removing the "law".
That way of speaking seems to make the artificial condition- the propped up state- become the foundation which anchors the discussion. It makes the natural condition seem like the unnatural one. It is putting the illusion above reality; the lie above the truth.
The "law" is the illusion. The made up condition. If something isn't really wrong you can make it appear so (to some people) by making up a rule. You have "illegalized" it, in spite of reality and ethics. At least the word "criminalize" takes this into account, although most people don't seem to notice its artificiality.
I think I will strive to avoid talk of "legalizing" or "decriminalizing" and try to speak with the assumption of liberty.
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While I agree with you philosophically, there is also a practical side to the question.
ReplyDelete"Decriminalization" implies, indeed continues to include, sanctions for an action, however much reduced. Decriminalization also leaves open a wide door for criminal cartels, etc, to remain involved in any distribution network.
"Legalization" removes all such sanctions, although it may and often does include rules regulating use and/or access.
I would opine that legalization is an easier sell to the general population, and a sale that must be made, for the reason cited above, and others.
While I agree with you philosophically, there is also a practical side to the question.
ReplyDelete"Decriminalization" implies, indeed continues to include, sanctions for an action, however much reduced. Decriminalization also leaves open a wide door for criminal cartels, etc, to remain involved in any distribution network.
"Legalization" removes all such sanctions, although it may and often does include rules regulating use and/or access.
I would opine that legalization is an easier sell to the general population, and a sale that must be made, for the reason cited above, and others.
"Legalizing" always seems to involve a "license" and "regulation".
ReplyDeleteDave