ABSTRACT
The principle of legal paternalism allows that it is a good reason for a law that the adult person affected by the law is herself benefited or at least prevented from harming herself, often despite her occurrent desires and choices. Laws prohibiting the sale, purchase, or use of drugs, and laws requiring the usage of seat belts in automobiles or helmets on bikes, are examples of paternalist laws. This chapter explains paternalism and social welfarism and considers costs and benefits of criminal drug laws to those who violate them. The costs to family, friends, and business associates of those incarcerated for violating criminal drug laws are also tremendous. Legal punishments, and laws should not have paternalistic rationales in a liberal society, and one reason is because such laws tend not to benefit the very people paternalists intend the laws to benefit.
