- Title Pages
- Other Books by George Anastaplo
- Dedication
- Preface
-
1 . On Understanding the Others -
2 . Life and Not-Life in Thucydides’ Funeral Oration -
3 . Death and Resurrection in Euripides’ Bacchae -
4 . Resurrection and Death in Everyman -
5 . John Milton and the Limits of the Garden of Eden -
6 . Human Mortality and the Declaration of Independence -
7 . Time and the Constitution -
8 . Fyodor Dostoyevsky and the Modern Project -
9 . Public Health and Private Consciences -
10 . The Flag Salute Cases (1940, 1943) -
11 . Conscientious Objectors and Military Conscription -
12 . Obliteration Bombing, Civilian Casualties, and the Laws of War -
13 . Do All Somehow Aim at the Good? -
1 . Shakespeare’s Hamlet and the Elusiveness of the Good -
2 . Unconventional Religious Duties and the Good Life -
3 . Griswold v. Connecticut (1965) and the Prevention of Conception -
4 . Roe v. Wade (1973) and the Law of Abortion -
5 Planned Parenthood v. Casey (1992) and the Persistence of the Abortion Issue -
6 . Capital Punishment and the United States Supreme Court -
7 . Capital Punishment Reconsidered -
8 Nancy Cruzan and “The Right to Die” -
9 . Washington v. Glucksberg (1997) and Assisted Suicide -
10 The Legislation of Morality and the Problem of Pain -
11 . Evolution and the Law -
12 . Life and Death in Abraham Lincoln’s Gettysburg Address -
13 . The Unseemly Fearfulness of Our Time -
Appendix A The Declaration of Independence (1776) -
Appendix B The United States Constitution (1787) -
Appendix C The Amendments to the United States Constitution (1791–1992) -
Appendix D Pericles, The Funeral Address (431 B.C.E.) -
Appendix E On Death and Dying: Ancient, Christian, and Modern -
Appendix F Patrick Henry, Give Me Liberty or Give Me Death (1775) -
Appendix G Abraham Lincoln, The Gettysburg Address (1863) -
Appendix H George Anastaplo, on the Ultron and the Foundations of Things (1974) -
Appendix I Life, Death, and the Systematic Perversions of Law (2000) -
Appendix J Cases and Other Materials Drawn On - [UNTITLED]
- [UNTITLED]
- Index
- About the Author
The Legislation of Morality and the Problem of Pain
The Legislation of Morality and the Problem of Pain
- Chapter:
- (p.172) 10 The Legislation of Morality and the Problem of Pain
- Source:
- Reflections on Life, Death, and the Constitution
- Author(s):
George Anastaplo
- Publisher:
- University Press of Kentucky
This chapter discusses the “classic” experiment with the regulation of substance abuse culminated in the provision in the Eighteenth Amendment. It illustrates the problem in the case of Gonzales v. Raich (2005), which assesses the power of the State of California to authorize, in its Compassionate Use Act of 1996, private access to marijuana for medical purposes, especially in order to relieve persistent excruciating pain. It notes that California, which had been (in 1913) one of the first States to restrict the use of marijuana, is now one of at least nine States that have attempted to authorize its use pursuant to the supervision of doctors. It further notes that the Attorney General of the United States challenged the authority of California to disregard what, it was argued by the Attorney General, was the intent and reach of an Act of Congress prohibiting the private possession and use of marijuana.
Keywords: morality, substance abuse, Eighteenth Amendment, Gonzales v. Raich (2005), California, Compassionate Use Act of 1996, marijuana, pain, Attorney General, Act of Congress
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- Title Pages
- Other Books by George Anastaplo
- Dedication
- Preface
-
1 . On Understanding the Others -
2 . Life and Not-Life in Thucydides’ Funeral Oration -
3 . Death and Resurrection in Euripides’ Bacchae -
4 . Resurrection and Death in Everyman -
5 . John Milton and the Limits of the Garden of Eden -
6 . Human Mortality and the Declaration of Independence -
7 . Time and the Constitution -
8 . Fyodor Dostoyevsky and the Modern Project -
9 . Public Health and Private Consciences -
10 . The Flag Salute Cases (1940, 1943) -
11 . Conscientious Objectors and Military Conscription -
12 . Obliteration Bombing, Civilian Casualties, and the Laws of War -
13 . Do All Somehow Aim at the Good? -
1 . Shakespeare’s Hamlet and the Elusiveness of the Good -
2 . Unconventional Religious Duties and the Good Life -
3 . Griswold v. Connecticut (1965) and the Prevention of Conception -
4 . Roe v. Wade (1973) and the Law of Abortion -
5 Planned Parenthood v. Casey (1992) and the Persistence of the Abortion Issue -
6 . Capital Punishment and the United States Supreme Court -
7 . Capital Punishment Reconsidered -
8 Nancy Cruzan and “The Right to Die” -
9 . Washington v. Glucksberg (1997) and Assisted Suicide -
10 The Legislation of Morality and the Problem of Pain -
11 . Evolution and the Law -
12 . Life and Death in Abraham Lincoln’s Gettysburg Address -
13 . The Unseemly Fearfulness of Our Time -
Appendix A The Declaration of Independence (1776) -
Appendix B The United States Constitution (1787) -
Appendix C The Amendments to the United States Constitution (1791–1992) -
Appendix D Pericles, The Funeral Address (431 B.C.E.) -
Appendix E On Death and Dying: Ancient, Christian, and Modern -
Appendix F Patrick Henry, Give Me Liberty or Give Me Death (1775) -
Appendix G Abraham Lincoln, The Gettysburg Address (1863) -
Appendix H George Anastaplo, on the Ultron and the Foundations of Things (1974) -
Appendix I Life, Death, and the Systematic Perversions of Law (2000) -
Appendix J Cases and Other Materials Drawn On - [UNTITLED]
- [UNTITLED]
- Index
- About the Author
