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Re:100 years ago, prohibition went into effect by scarface74 on Thursday January 02, 2020 @01:50PM (#21938385)
If I sell a kid an illegal drug, am I harming the kid?

Laws are passed all of the time that recognize that children aren’t capable of making the same decisions as consenting adults.

Hopefully few would argue that passing laws that a grown person having sex with a 10 year old should be enforced. That doesn’t mean that any type of sex between consenting adults should be illegal.

If I sell it to a young adult who I have as much belief will make poor decisions as that kid, am I harming that young adult? If I sell it to a parent who I believe will neglect their kids, am I harming someone?

If you run a retail shop and see that a parent is spending money frivolously and not feeding their kids are you morally obligated to not sell the item to them? There are so many things that parents can spend money on and not take care of their kids that can be argued about anything.

That’s why we as a society have “must report” laws when it comes to kids where people who interact with children must report suspicions of abuse.

If I sell chemicals that will cause birth defects, but the other party agrees to them (in the 2pt font fine print), am I causing a level of harm they did not consent to?

Again that comes under the same concept of the difference between laws that carve out protections for children.

Also cigarettes are harmful, but we as a society has decided that informed consent in big letters is enough and let adults make their own decisions. It’s also completely legal even under the ACA to charge more for insurance for smokers.

Re:100 years ago, prohibition went into effect by SkyBelow on Thursday January 02, 2020 @02:37PM (#21938891)
>Laws are passed all of the time that recognize that children aren’t capable of making the same decisions as consenting adults.

Well yes, but it shows that concepts such as "Laws should only be passed when you’re harming someone else." have some variability in how we define harming someone else. So while many people agree with your example, many people also agree with the idea that employing someone for $1/hour is harming them enough that we ban it. Less people agree (I assume), but enough to get laws passed. It shows even given the above standard, reasonable people can disagree resulting in quite different takes on what laws are justified.

>If you run a retail shop and see that a parent is spending money frivolously and not feeding their kids are you morally obligated to not sell the item to them? There are so many things that parents can spend money on and not take care of their kids that can be argued about anything.

So we thus see there are difference between engaging in behavior (that the majority believes) harms the child directly and engaging in behavior that harms the child indirectly. Is that difference enough to justify a law in one case but not the other? That's another case where reasonable people can disagree and result in quite different views as to what laws are justified.

>and let adults make their own decisions.

Well, a significant portion enough to change the laws did just recently decide that not all adults are allowed to make such decisions. Once again where reasonable people can, following the original logic, come up with vastly different laws that are justified.

My point was that such a standard is ineffective in limiting the scope of laws because of how much of such a standard is left open to interpretation.