Prohibition Religious Freedom And Human Rights Regulating Traditional Drug Use

This book addresses the use and regulation of traditional drugs such as peyote, ayahuasca, coca leaf, cannabis, khat and Salvia divinorum. The uses of these substances can often be found at the intersection of diverse areas of life, including politics, medicine, shamanism, religion, aesthetics, knowledge transmission, socialization, and celebration. The collection analyzes how some of these psychoactive plants have been progressively incorporated and regulated in developed Western societies by both national legislation and by the United Nations Drug Conventions. It focuses mainly, but not only, on the debates in court cases around the world involving the claim of religious use and the legal definitions of “religion.” It further touches upon issues of human rights and cognitive liberty as they relate to the consumption of drugs. While this collection emphasizes certain uses of psychoactive substances in different cultures and historical periods, it is also useful for thinking about the consumption of drugs in general in contemporary societies. The cultural and informal controls discussed here represent alternatives to the current merely prohibitionist policies, which are linked to the spread of illicit and violent markets. By addressing the disputes involved in the regulation of traditional drug use, this volume reflects on notions such as origin, place, authenticity, and tradition, thereby relating drug policy to broader social science debates.

This book offers a comprehensive view of the legal, political, and ethical challenges related to the global regulation of ayahuasca, bringing together an international and interdisciplinary group of scholars. Ayahuasca is a psychoactive brew containing N,N-Dimethyltryptamine (DMT), which is a Schedule I substance under the United Nations Convention on Psychotropic Substances, and the legality of its ritual use has been interpreted differently throughout the world. The chapters in this volume reflect on the complex implications of the international expansion of ayahuasca, from health, spirituality, and human rights impacts on individuals, to legal and policy impacts on national governments. While freedom of religion is generally protected, this protection depends on the recognition of a religion’s legitimacy, and whether particular practices may be deemed a threat to public health, safety, or morality. Through a comparative analysis of different contexts in North America, South America, and Europe in which ayahuasca is consumed, the book investigates the conceptual, philosophical, and legal distinctions among the fields of shamanism, religion, and medicine. It will be particularly relevant to scholars with an interest in indigenous religion and in religion and law.

Ayahuasca is a psychoactive substance that has long been associated with indigenous Amazonian shamanic practices. The recent rise of the drink’s visibility in the media and popular culture, and its rapidly advancing inroads into international awareness, mean that the field of ayahuasca is quickly expanding. This expansion brings with it legal problems, economic inequalities, new forms of ritual and belief, cultural misunderstandings, and other controversies and reinventions. In The World Ayahuasca Diaspora, leading scholars, including established academics and new voices in anthropology, religious studies, and law fuse case-study ethnographies with evaluations of relevant legal and anthropological knowledge. They explore how the substance has impacted indigenous communities, new urban religiosities, ritual healing, international drug policy, religious persecution, and recreational drug milieus. This unique book presents classic and contemporary issues in social science and the humanities, providing rich material on the bourgeoning expansion of ayahuasca use around the globe.

This book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.

This book provides for an extensive legal analysis of the international drug control system in light of the growing challenges and criticism that this system faces. In the current debate on global drug policy, the central pillars of the international drug control system – the UN Drug Conventions as well as its institutions – are portrayed as outdated, suppressive and seen as an obstacle to necessary changes. The book’s objective is to provide an in-depth and positivist insight into drug control’s present legal framework and thus provide for a better understanding of the normative assumptions upon which drug control is currently based. This is attained by clarifying the objectives of the international drug control system and the premises by which these objectives are to be achieved. The objective of the current global framework of international drug control is the limitation of drugs to medical and scientific purposes. The meaning of this objective and its concrete implications for States’ parties as well as its problems from the perspective of other regimes of international law, most notably international human rights law, are extensively analysed. Additionally, the book focuses on how the international drug control system attempts to reach the objective of confining drugs to medical and scientific purposes, i.e. by setting up a universal system that exercises a rigid control on drug supply. The consequences of this heavy focus on the reduction of drug supply are outlined, and the book concludes by making suggestions on how the international drug control system could be reformed in the near future in order to better meet the existing challenges. The analysis occurs from a general international law perspective. It aims to map the international drug control system within a wider context of international law and to understand whether the problems that the international drug control system faces are exemplary for the difficulties that institutionalized systems of global scope face in the twenty-first century.

This book examines the drug dealer in contemporary society from an interdisciplinary perspective and considers the increasingly blurred demarcation between illegitimate and legitimate drug markets. It explores the motives and drivers of those involved in drug supply and dispels common and stereotypical myths and misconceptions surrounding illegal drug markets and those who operate within them. The drug dealer has become one of our foremost contemporary ‘folk devils’. Those who trade in substances prohibited by law are the subject of array of inaccurate myths and urban legends. Criminology has tended either to shoehorn drug dealers into neat typologies or portray them as ‘victims’ of an uncaring, predatory post-modern society. In reality, we know relatively little about the complex and diverse world of drug markets and our concentration inevitably falls on low-end ‘retail’ dealers who operate in the most visible sectors of the illegal economy. Bringing together an international group of experts, this book considers perspectives from around the world, including UK, USA, South America, Spain, India and Australia. This book will be of interest to students and researchers across criminology, law, sociology, criminal justice and public health, and will be essential reading for those taking courses on drugs, drug markets and substance misuse.

Religious traditions in the United States are characterized by ongoing tension between assimilation to the broader culture, as typified by mainline Protestant churches, and defiant rejection of cultural incursions, as witnessed by more sectarian movements such as Mormonism and Hassidism. However, legal theorist and Catholic theologian Cathleen Kaveny contends there is a third possibility--a culture of engagement--that accommodates and respects tradition. It also recognizes the need to interact with culture to remain relevant and to offer critiques of social, political, legal, and economic practices. Kaveny suggests that rather than avoid the crisscross of the religious and secular spheres of life, we should use this conflict as an opportunity to come together and to encounter, challenge, contribute to, and correct one another. Focusing on five broad areas of interest--Law as a Teacher, Religious Liberty and Its Limits, Conversations about Culture, Conversations about Belief, and Cases and Controversies--Kaveny demonstrates how thoughtful and purposeful engagement can contribute to rich, constructive, and difficult discussions between moral and cultural traditions. This provocative collection of Kaveny's articles from Commonweal magazine, substantially revised and updated from their initial publication, provides astonishing insight into a range of hot-button issues like abortion, assisted suicide, government-sponsored torture, contraception, the Ashley Treatment, capital punishment, and the role of religious faith in a pluralistic society. At turns masterful and inspirational, A Culture of Engagement is a welcome reminder of what can be gained when a diversity of experiences and beliefs is brought to bear on American public life.

This book is a collection of studies of drug policies in several Latin American countries. The chapters analyze the specific histories of drug policies in each country, as well as related phenomena and case studies throughout the region. It presents conceptual reflections on the origins of prohibition and the “War on Drugs,” including the topic of human rights and cognitive freedom. Further, the collection reflects on the pioneering role of some Latin American countries in changing paradigms of international drug policy. Each case study provides an analysis of where each state is now in terms of policy reform within the context of its history and current socio-political circumstances. Concurrently, local movements, initiatives, and backlash against the reformist debate within the hemisphere are examined. The recent changes regarding the regulation of marijuana in the United States and their possible impact on Latin America are also addressed. This work is an important, up-to-date and well-researched reference for all who are interested in drug policy from a Latin American perspective.

This book explains the role that peyote—a hallucinogenic cactus—plays in the religious and spiritual fulfillment of certain peoples in the United States and Mexico, and examines pressing issues concerning the regulation and conservation of peyote as well as issues of indigenous and religious rights. Why is mescaline—an internationally controlled substance derived from peyote—given exemptions for religious use by indigenous groups in Mexico, and by the pan-indigenous Native American Church in the United States and Canada? What are the intersections of peyote use, constitutional law, and religious freedom? And why are natural populations of peyote in decline—so much so that in Mexico, peyote is considered a species needing "special protection"? This fascinating book addresses these questions and many more. It also examines the delicate relationship between "the needs of the plant" as a species and "the needs of man" to consume the species for spiritual purposes. The authors of this work integrate the history of peyote regulation in the United States and the special "trust responsibility" relationship between the American Indians and the government into their broad examination of peyote, a hallucinogenic cactus containing mescaline that grows naturally in Mexico and southern Texas. The book's chapters document how when it comes to peyote, multiple stakeholders' interests are in conflict—as is often the case with issues that involve ethnic identity, religion, constitutional interpretation, and conservation. The expansion of peyote traditions also serves as a foundation for examining issues of international human rights law and protections for religious freedom within the global milieu of cultural transnationalism.

Freedom of thought is one of the great and venerable notions of Western thought, often celebrated in philosophical texts – and described as a crucial right in American, European, and International Law, and in that of other jurisdictions. What it means more precisely is, however, anything but clear; surprisingly little writing has been devoted to it. In the past, perhaps, there has been little need for such elaboration. As one Supreme Court Justice stressed, “[f]reedom to think is absolute of its own nature” because even “the most tyrannical government is powerless to control the inward workings of the mind.” But the rise of brain scanning, cognition enhancement, and other emerging technologies make this question a more pressing one. This volume provides an interdisciplinary exploration of how freedom of thought might function as an ethical principle and as a constitutional or human right. It draws on philosophy, legal analysis, history, and reflections on neuroscience and neurotechnology to explore what respect for freedom of thought (or an individual’s cognitive liberty or autonomy) requires.