Mind Drugs
(CP) Most often, the justification relied on banning drugs
is that they can
lead to addiction and abuse. In this way, mind drugs would
seemingly be subject
to exactly that: if you can be happy all the time, always in
perfect love, change
your personality, etc... with just popping a pill, it would
easy to see how
abuse and addiction would result. How would you justify it
to a legislature to
adopt a statute legalizing the drugs (or court to overturn a
statute in place
banning drugs)?
(DF) It may be illegal for a man to have sex with a woman
who is drunk even if
she voluntarily chose to get drunk, on the theory that once
under the influence
she is incapable of giving consent. How would similar issues
be dealt with for
other sorts of drugs? Suppose we have a drug that makes
someone fall in love?
What about a real aphrodisiac? Someone under such a drug may
be able to think
clearly, unlike someone who is drunk, but the thinking will
be within the
context established by the drug.
(DF) Perfumes claim to make the wearer more attractive to
the opposite sex.
What if we develop improved versions that actually work, and
work well. What
legal restrictions, if any, might be imposed on their use?
Is this any
different from a man who makes himself attractive by driving
a Porsche or a
woman who dresses well and uses makeup?
Pleasure Drugs
(LY): If the happy drug or machine is really invented, will
this be
legalized? This will be very similar to drugs, just
without the side
effects, but one can always argue the side effect is being
addicted to
happiness.
Performance Enhancing Drugs
(PYS) Employers are liable for actions of employees taken on
behalf of the
employer. However, If employers are allowed to use
mind drugs in order to
increase the effectiveness and efficiency of employees,
would the employers
also be liable for action of the employee outside of work
hours since the
employee is still under the influence the mind drugs.
(LY): If steroid is legalized, every athlete is on steroid,
then wouldn't that
be fair to all athletes? Since we test people for steroids
for athletic
competition, shouldn't we have tests for steroids and drugs
for bar exams and
everything else?
(PH) Some parents will be eager to give their children drugs
that increase intelligence.
Presumably, mind drugs that reliably increase intelligence
would be expensive,
at least initially. Thus, it is likely that schools
located in wealthier
areas, where parents can afford the drugs, will have higher
test scores.
How might an education system that bases allocation of funds
at least partially
on test scores accommodate this type of
disparity?
(PH) Is it possible widespread use of mind drugs will stunt
evolution of the
human mind? Is rapid expansion of mental capacity
through mind drugs
preferable to organic expansion of human capacity through
evolution?
(DE) Most people submit to drug
testing only when
they are required to. But, what if the use of performance
enhancing drugs like
Adderall become more widespread for standardized testing,
so that schools and
employers stop having full confidence in the results. Could, or
should, the government or a third
party offer voluntary testing? That is,
imagine you can submit to voluntary drug testing on the
test day, and your
results could then be verified as asterisk-free. What might the
privacy implications be?
If the government discovers that you don't
have Adderall in your system but have been using an
illegal drug, could/should
they be able to charge you with a crime?
Personality/Control Drugs
(PH) How might contract law accommodate a world where mind
control drugs are
common? Would contract language alone be sufficient to
void contracts
entered into involuntarily? Where a person alleges the
other party
drugged them to induce agreement should there be a
presumption of a mind
unaffected by drugs?
(PH) If one party to a contract gives the other mind control
drugs to induce
agreement and the effects of the drugs are permanent or
ongoing such that the
drugged party will not challenge the contract, should third
parties be
permitted to bring suit to void the contract? Could
tort law accommodate
this and provide relief for family members or others
affected by such a
contract even though they are not a party to it?
(PYS) If an individual taking a personality-altering
drug commits a crime
due to an unforeseen personality drug side-effect, is the
person charged to the
fullest extent of the law because they voluntarily took the
personality-altering drug, or would they be charged under a
“diminished
capacity” criminal charge?
(LY): If one can alter their personality, should the
government have a say or
any regulation on that? Any legal age requirement to do
that?
(DE) Scientists have recently discovered that a common beta
blocker--a drug
that's been prescribed for hypertension for 50+
years--actually makes people
less racist. Could drugs like these be mandated as part of
the sentencing for
people convicted of, for example, a racially motivated hate
crime? Assuming
the side effects were minimal, could the government justify
requiring that all
people are required to take such a drug, so as to promote a
more tolerant
society? Should such drugs be required in prison
populations, so as to
reduce racial gang
violence?
(CP): What, if any, would be the liability for dosing your
cranky boss with
something that made him/her more cordial and manageable to
be around, and made
them (at least from your perspective) visibly more happy
with their life?
(AB) The Supreme Court ruled in Sell v. U.S. that although
the government could
not involuntarily medicate that particular defendant just
based on trial
competence, there still existed the possibility that the
government could
medicate a defendant-- but the occurrences would be rare.
Could involuntary
medication be extended past simply trial competence to
personality-altering
drugs as punishment and rehabilitation? Could the
courts force a person
who is convicted for a violent crime to take pills that made
him mellow and
non-violent, significantly changing his personality? Would
the government, in
the interest of safety, have the power to require as a
condition of probation a
defendant take such a pill?
(MS) Suppose a
mind drug were available
for those who were contemplating suicide which removed
negative emotion and
allowed for a thoughtful, rational analysis of their
decision. If
this were available, should suicide and
assisted suicide be legal?
Should the
state require the taking of this drug and an appropriate
waiting period before
allowing the suicide?
(AB) How would the government regulate the use of drugs such
as honesty or
loyalty drugs? Would they be in general commercial use, or
only used by law
enforcement in emergency situations? If they were
available for general
public use, would you need a prescription, as you do with
many other drugs
right now? Who would be allowed to receive a
prescription?
(MS) Suppose a
mind drug were able to
remove all sexual desire in persons convicted of child
molestation, rape, and
other crimes of immoral sexual deviance.
Should convicts, as part of their parole, be required
to take this so
they have no desire to recommit these crimes?
What if “rehabilitation” came in the form of chemical
castration – which
would “fix” the mind and other organs – permanently? Would this be
preferable to incarceration?
Should it be mandatory as a condition to reintegrate into
society?
(MS) In sports, the
regulation of performance
drugs always seems to lag behind the use of the next big
performance enhancer. If
a completely undetectable
performance-enhancing drug came on the market, would sports
regulators have no
choice but to allow it? Would
they have
to then allow all other performance-enhancing drugs?
(MS) Say a mind drug
could be delivered in the
water supply or aerosol form (as from a plane).
Should the United Nations deliver mind drug cocktails
for “compassion
and cooperation” to countries with violent unrest or where
food aid is being
delivered, but not distributed because of government
corruption, organized
crime, etc.? What
legal protections
could the international community have to ensure dictators did
not use the same
techniques to introduce loyalty drugs into his population?
Other
(DE) Many currently illegal drugs
have been found to
have positive medicinal uses. For
example, LSD is a promising potential treatment for
alcoholism; people given
the active ingredient in magic mushrooms (psilocybin) have
demonstrated a more
“open” personality over a year after their treatment;
medical marijuana has
been used to alleviate cancer pain and nausea; etc. What sort of
criminal liability should attach
to researchers who perform experiments with illegal drugs
for medicinal
purposes? Must
the government approve of
the research beforehand?
(DE) If a reliable truth serum
were invented, could
it be used by law enforcement? Should
one's choice not to take the serum be allowed into
evidence during a
trial? Should
this be allowed for
impeachment only?
(MS) There are many
systems of property law in the
world. Community
property, for example,
assumes that the spouses’ “community sweat” will be divided
equally upon
separation or death. Is
this an
appropriate model for a society in which marriages are
primarily
economic-based? That is, the couple arranges their marriage
based on economic
and other factors (including, perhaps, love) and take the
appropriate drug for
“romantic honeymoon,” “you are my life-mate,” and, when the
time is right,
“It’s not you, it’s me” (a mind drug for amicable separation
from partners).
(MS) Or, if there were
such “anti-marital-anxiety”
drugs available, should the state require these instead of, or
prior to,
granting a divorce?