CTIR LITERATURE SERIES 2

Vices Are Not CrimesLysander Spooner

Vices VS Crimes

Vices = “acts by which a man harms himself or his property.” Lack of intent to

invade another person or his property.

Crimes = “acts by which one man harms the person or property of another.”

Vices

Errors made by man in search for happiness. Every act by man either causes happiness or

unhappiness. This result is determined by each man himself.

We are all different biologically and environmentally. What one man thinks is a vice can be virtuous to others;

and vice versa. It is a study that takes a lifetime – from birth to death.

Degree

The question of virtue or vice is one of degree. NOT the intrinsic

character of any single act alone.

Again, everyone is different.

Vices VS Virtue

Vices. Usually pleasurable. May not disclose

themselves as vices. The failure of life

experiments.

Virtue. Often harsh and

rugged. Requires sacrifice of

present happiness. Results are distant and

obscure. May never appear.

The success of life experiments.

Rule by Government

Life is a search for happiness. Endless, subjective, and one of degree.

What sense does it make for a body of men to determine what causes happiness or unhappiness? The search ends. If the body of men search inwardly, they would find

they have their own vices and unhapiness.

Hypocrisy

If government chooses vices to punish as crimes, then, to be consistent, it must choose ALL vices as crimes. Everybody would be in prison!

Instead, government punishes a few vices. But what right does a body of men have to say some

vices should be punished rather than their own?

Natural Right

Everybody has a natural right to defend his own person and property against aggressors AND the defense of others, whose property or person is invaded. If government must exist, it must be limited to this

natural right. Why would people grant away their own right to seek

happiness?

Against Human Nature

Crimes are few; most agree. With vices, few agree.

Why would someone wish to be protected against himself? Isn’t this contrary to human nature of self-

preservation?

Mistakes are Needed

We all make many mistakes. But we must, because from these mistakes

we learn and seek happiness. Parents who attempt to make their children

virtuous, do so by keeping them ignorant of vice. Attempts to make their children happy, by keeping

them ignorant of unhappiness. But this is coercion – if the child is reasonably

competent.

But Don’t We Need Government to Intervene?

Government has no rights in the matter if the person is sane and “capable of exercising reasonable discretion and self-control.” But once found insane, their friends, neighbors, or

government may intervene.

Examples of Gross Vices

Gluttony. Drunkenness. Prostitution. Gambling. Prize-fighting. Tobacco chewing. Smoking and

snuffing. Opium eating. Corset wearing.

Idleness. Waste of property. Avarice (greed). Hypocrisy.

How to Determine Sanity?

Same as decided by legal tribunals.Any doubt must weigh in favor of sanity. Government has burden.

Where Liability May Be Found

If a person becomes insane, or another should know of it or have reason to know, it is then a crime on the other man to give or sell to the person the means of self-injury. Crime even if the person is only “dangerous” to

others. But applies only to the person, NOT others. Must be shown to be dangerous.

Presumption that the sale is innocent. Burden on government.

Vices are NOT Nuisances

“No act of one person can be a nuisance to another, unless it in some way obstructs or interferes with that other’s safe and quiet use or enjoyment of what is rightfully his own.” Example: obstruction of public highway. Non-Example: hotel where liquor is sold.

Enticement NOT a Crime

What if one person entices another into a vice? NOT a crime. “To the willing, no injury is done.”

UNLESS fraud or person insane.

Vices NOT Crimes

Prize-fighters. Sex. Gambling. Assisted suicide.

But Doesn’t Drinking Lead to Crimes?

Great crimes are mostly committed by avarice (greed) and ambition. Government is greatest criminal of all time. Cool and clear heads (would drinking really help

criminals?). Likely only commit assaults and batteries.

And even if so, why put the person in jail for drunkenness and degrade/ruin him for life?

But Doesn’t Drinking Lead to Poverty?

If prohibit the sale, then also prohibit the use. If so, government can punish every act that

tends to lead to poverty. Government is under no obligation.

Assuming they don’t make the obligation.

The incentive to labor and create wealth is to dispose it to promote his own happiness. Any mistakes = wisdom.

Moreover, is it that drinking leads to poverty OR that poverty leads to drinking?

Thank you!