Examiner.com | “Ain’t Nobody’s Business If You Do – The Absurdity of Consensual Crimes in Our Free Country” is the title of a wonderful book written by Peter McWilliams and published in 1996. In the book, the full text of which is now available online, McWilliams wrote, “You should be allowed to do whatever you want with your own person and property, as long as you don’t physically harm the person or property of a nonconsenting other.”
McWilliams didn’t invent this idea. It’s an old one, perhaps most closely associated with the philosopher John Stuart Mill, who wrote:
[T]he only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others, to do so would be wise, or even right… The only part of the conduct of anyone, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.
In the modern context, McWilliams elaborated:
Laws against consensual activities create a society of fear, hatred, bigotry, oppression, and conformity; a culture opposed to personal expression, diversity, freedom, choice, and growth. The prosecution of consensual crimes “trickles down” into ostracizing, humiliating, and scorning people who do things that are not quite against the law but probably should be. “They’re different; therefore, they’re bad” seems to be the motto for a large segment of our society. We are addicted to normalcy; even if it means we must lop off significant portions of ourselves, we must conform.
There’s no need to accept the validity of all these arguments; the validity of any one is sufficient reason to wipe away all the laws against consensual activities.
“A culture opposed to personal expression, diversity, freedom, choice and growth”? Isn’t that a bit strong?
Not really. You see, McWilliams died in 2000. A cancer and AIDS patient himself, he was arrested while helping another writer conduct research for a book on growing marijuana for medical purposes. His mother’s house was held as collateral for the bond that secured his freedom while awaiting sentencing, and the chief prosecutor in the case threatened to seize the home if McWilliams was found with even a trace of the marijuana he used to control the severe nausea caused by his medication.
Unable to control his nausea, McWilliams choked to death on his own vomit.
Some people would make excuses for the prosecutor in the case. He was just doing his job according to the law, after all.
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