Flashback Friday.
Americans tend to conflate the law and morality. We believe, that is, that we make things illegal because they’re immoral. While we might admit that there are exceptions, we tend to think that our laws generally reflect what is right and wrong, not a simple or arbitrary effort to control the population in ways that people who influence policy want.
This is why changing laws can sometimes be so hard. If it isn’t just about policy, but ethics, then changing a law means allowing something immoral to be legal.
In some other countries, people don’t think like this. They see law as simple public policy, not ethics, which leads to a different attitude toward enforcement.
In Amsterdam, for example, possession and cultivation of marijuana is a misdemeanor. Despite the city’s famous and deserved reputation for the open use of marijuana and the”coffee shops” that sell it, it’s illegal. The city, though, decided that policing it was more trouble than it was worth, so it has a policy of non-enforcement.
An even more fascinating example is their approach to street level sex work. While prostitution is legal in Amsterdam, “streetwalking” is not. Still, there will always be sex workers who can’t afford to rent a work space. These women, some of the most economically deprived, will be on the streets whether the city likes it or not.
Instead of adding to their problems by throwing them all in jails or constantly fining them, the city built a circular drive just outside of town equipped with semi-private stalls. In other words, the city decided against enforcing the law on “streetwalking” and instead spent tax money to build a location in which individuals could engage in behavior that was against the law… and they considered it a win-win.
I thought of this when Julieta R. sent in this picture, shot by her friend at the Aberdeen Pub in Edinburgh, Scotland. Sex in the bathroom, it appears, had begun to inconvenience customers. But, instead of trying to eradicate the behavior, the Pub just said: “Ok, fine, but just keep it to cubicle no. 4.”
Americans would never go for this. Because we think it’s immoral to break the law, not just illegal, we would consider this to be hypocrisy. It doesn’t matter if enforcing the law is impractical (marijuana), if doing so does more harm than good (sex work), or if it’d be easier and cheaper not to do it (cubicle no. 4), in America we believe that the person breaking the law is bad and letting them get away with it is letting a bad person go unpunished.
If we had a practical orientation toward the law, though, instead of a moral one, we might be quicker to change laws, be more willing to weigh the benefits of enforcement with its costs, be able to consider whether enforcement is ethical, feel more comfortable with just letting people break the law, and even helping them do so, if we decided that it was the “right” thing to do.
This post originally appeared in 2010.
Lisa Wade, PhD is an Associate Professor at Tulane University. She is the author of American Hookup, a book about college sexual culture; a textbook about gender; and a forthcoming introductory text: Terrible Magnificent Sociology. You can follow her on Twitter and Instagram.
Comments 31
Lee — April 27, 2010
I remember in the (sadly now gone) Nation club in DC, on the gay night, there was a sign in the bathrooms that said not to use them for getting high or having sex...that's what the couches were for.
mordicai — April 27, 2010
The combination of law & morality is a quaint American custom that is eroding the ability of the legal system to function. It is quite a bummer.
PhDork — April 27, 2010
If anyone watched "The Wire," S3 played with this notion of when Colvin established "Hamsterdam," (a few small areas in primarily derelict areas) where the slingers and cornerboys wouldn't be harrassed by cops. The show dealt with it in a rather complex way: Hamsterdam was as a way of making residential neighbors safer and more pleasant, but it also concentrated the misery and horror of the drug culture in a way that showed it as a real force for evil.
Rebecca — April 27, 2010
I spent 9 days in Amsterdam through an International study program with an emphasis on social policy. It is truly amazing how pragmatic the Dutch approach to policy is- from Sex Work to Homelessness to Physician Assisted Suicide. Something I found very interesting was the harsh separation between what are considered soft drugs (marijuana) and hard drugs (meth, coke, and the like). Soft drugs are allowed to be distributed and smoked in the venue of the "coffeeshop" which is regulated by the state. In the Dutch view, this not only increases the quality of the marijuana but keeps soft drug users away from hard drugs. Coffeeshops are legitimate businesses with other competitors so if there was anything fishy with the marijuana one could hold that particular coffeeshop accountable and/or take his/her business elsewhere (and if you've been to Amsterdam you know there are plenty of other coffeeshops around)..so there's incentive to provide customers with good quality at low prices. Plus the close contact these coffeeshops have with the police means that selling adulterated marijuana could lead to a sanctions against that shop.
The Coffeeshop keeps customers who wish to purchase marijuana "off the street" and reduces their likeliness to encounter and be sold hard drugs...it has really done wonders for drug abuse in Holland. For instance, Heroin addicts are an aging population- the use of Heroin among young people (I'm without the exact statistics) is very rare. Even marijuana use among young people (18 and under) in Holland is a lower proportion than in America.
All this is based on the practical acceptance of marijuana being a "soft drug" and like alcohol should be accessible, but regulated. The Dutch believe that this approach works well. How would Americans respond?
CharlieMcMenamin — April 27, 2010
Ahem. Mm I the only person to wonder if the date of that post on Krista's blog - April 1st - is in any way relevant?
Cute Bruiser — April 27, 2010
I remember a few years ago, Vancouver was had people pushing for something like what you have mentioned in Amsterdam; complete with a clinic for the women (and men) working in the area, safe injection site, police checkpoints and a parking lot in between check points for the transaction to take place so the prostitutes would never have to leave the safety of the area.
AR — April 27, 2010
The thing that gets me is that if they don't mind it happening, why not just make it legal? Who is it that is exerting the political pressure to keep something that people are perfectly ok with in practice, punishable by law in principle?
Duff — April 27, 2010
"The United States would never go for this."
They have in California and Boulder, CO with regards to "medical marijuana." Over 80 dispensaries have opened in Boulder, over 300 in Denver.
J C — April 27, 2010
I'd feel better if victimless behaviors like marijuana use and prostitution were legal, but I'd support measures like this that reduce government violence against those who are harming nobody.
heather leila — April 27, 2010
Hmmm, prostitution isn't always victimless - even where it is legal. In fact, making it legal often makes it a magnet for human trafficking. Just because the act of prostitution is legal, doesn't mean the women doing are doing so voluntarily. Many, many of the prostitutes in the Netherlands are non-Dutch women. Prostitution still affects women who are mostly from the margins of society - and that makes it a gray zone morally.
http://www.humantrafficking.org/updates/643
al oof — April 27, 2010
AR: the pressure comes from the rest of the world. as long as the big powerful countries insist that drugs and prostitution are immoral, it is impractical to fully decriminalize it, giving those countries reasons to fuck with you. (yes, i think global politics can be a middle school yard).
heather leila: driving isn't always victimless, but it is not a crime. human trafficking is a underpoliced while prostitution is overpoliced. and people are trafficked to do non-sex work that is not illegal in itself.
b — April 27, 2010
I have to admit, I don't see the point in keeping something illegal if you're not going to enforce it. Why not just make pot legal? Why not make streetwalking in X location legal? Even if it's still illegal elsewhere?
Allowing the laws and the reality to mismatch like that could really come back to bite people later. Let's say there's one police officer - or one police chief - who happens to have a bug up his butt about one of these things and starts arresting people. Well, it's illegal, too bad for them and too bad for the folks who think it's more practical to not arrest for it!
I don't think that this solution is a "practical" one - I think it's a lazy and/or cowardly one for lawmakers who don't think they'd have the popular support needed to actually decriminalize these things. The practical thing to do would be to change the laws such that only the things that are useful to prosecute for are illegal.
Bagelsan — April 28, 2010
This reminds me a bit of the abortion debate (not to open a huge can of worms!) There are people on the pro-choice side who have no moral objection to abortion, and there are pro-choice people who may be uncomfortable with it for various moral/religious reasons but who still think that keeping it legal is the best *practice* to save the most lives, etc. Distinguishing between practical and moral concerns, in that case, allows people with pretty different beliefs to still find common political ground.
(This might actually be an American example of practicality trumping morality -- the argument of "abortions will just happen illegally (and just as often) if it's banned" is more convincing to a lot of people than the argument that it is morally correct to allow abortions.)
SargassSea — April 28, 2010
I'd just like to point out that there is no "win-win" when it comes to prostitution (especially when perhaps instead of building a drive they could have focused their attention on why there are homeless prostitutes?)
And, prostitution is not a "victimless crime" JC.
SocFem — April 29, 2010
MOST women are not in prostitution because they want to be..
it is important to remember the CYCLE of poverty...
and how extremely hard that is to get out of...
some of these women have no resources, education, outlets, etc. to get money they need to live or feed their children...
and then this automatically makes me think about capitalism...
also it is important to remember the FEMINIZATION OF POVERTY...
we all need to be aware of how much gender influences everyone every day... and that there ARE NOT REASONABLE EXPLANATIONS for why women and also minorities are forced into prostitution and other oppressive situations...
There are "SYSTEMATIC FORCES THAT KEEP THE OTHER IN A DISADVANTAGED ECONOMIC POSITION"
Thank you for the GREAT share!
Also, I definitely agree with the decriminalization of marijuana!! and also legalization.
I wish the US had coffee shops that you could go to, relax, have some tea, and enjoy a little puff!
Anonymous — April 30, 2010
I think Amsterdam is taking a very interesting approach to commonly committed illegal acts, but what I would like to know is how this policy affects their violent crime rates and other potentially correlational factors such as poverty and addiction?
If it could be shown that it decreases many of the socially negative effects of drug use and prostitution then that would serve as a strong tool to legalize and federally regulate these activities. As well as being a potential model of implementation for the United States which has many similar problems occurring in its cities that the U.S. government has thus far found no successful way to safely curtail or regulate.
Pearl — April 30, 2010
I like the Dutch!
Blix — October 15, 2011
Change doesn't come from education, it comes from a spiritual shift. Without a reason to know right from wrong, morals are impossible. The mind cannot be the only thing dictating our actions. Our heart and souls must be in the right.
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Wayne Richardson — September 7, 2022
I get it actually in terms of what was old and frowned upon,is now acceptable. If we look at everything from marijuana consumption and selling,cocaine being used in Coca Cola back then and now a class a narcotic.public interest/big money interest,who’s is most important?