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It aims to be a forum for academic research and a platform for discussion where novel legal issues of interest to Mexico, North America and Latin America are explored. The journal offers researchers, academics and students the opportunity to publish articles and papers on relevant Mexican and comparative law issues. In this note I argue that the decriminalization or authorization of marijuana use should be considered with an eye to the evil it avoids instead of to the good it seeks. Other related issues result from this approach, such as individual responsibility and the duty of the State to seek the social good. How can one justify the decriminalization of marijuana considering the duty of the state? How can the harmful craving for it be understood given the alleged natural inclination towards personal well-being axiom of Western culture? Secondly, we cannot ignore the discomfort caused by social life, due to the demands on public duty at the expense of private interests. Derivado de este enfoque se encuentran otros temas relacionados, como el de la responsabilidad individual y el deber del Estado de procurar el bien social. Digitale Bibliothek. Berlin This note will analyze the problem of marijuana use in Mexico taking into account the following points: first, the freedom of the individual as conceived by the Supreme Court of Justice of the Nation in the resolution of Minister Alfredo Gutierrez Ortiz Mena. In this first point we must consider two issues: the justification of the decriminalization of marijuana together with the responsibility of the State towards the common good, and its consumption by the individual aware of the harm and committed to his own well being. Second, the exercise of power from the concepts of health and disease, normal and pathological, which will aim to determine the ideological elements in the sense of Karl Marx 2 that underlie the medical opinion. With regard to health and marijuana, the ideas of Michel Foucault 4 and Georges Canguilhem, 5 will be used to clarify the ideological elements that underlie the concept of health and medical practice and its relevance to establishing a medical opinion. I will base my study of the responsibility of both the State and the individual with respect to the collective well-being, the natural inclination to good and discontent in culture, on authors such as John Locke, Jean Jacques Rousseau, Agustine of Hippo and Sigmund Freud. All of these are classic authors, and therefore relevant up to our time. It is necessary for the sharp reader to distinguish between valid and new thinking: the first is represented by Mill, Locke, Rousseau, Freud, etc. The National Supreme Court of Justice resolved on November the unconstitutionality of the normative set integrated by articles last paragraph , , section I , last paragraph , and , of the General Act of Health, 6 which constituted a system of administrative prohibitions against the consumption of marijuana i. The Supreme Court's main concern was not to decide whether or not marijuana is harmful to health, whether it has proven therapeutic uses, or whether it constitutes an acceptable recreational form, but whether the State has the right to interfere in the private life of every Mexican. This issue is relevant from the very moment freedom is a human right, recognized in the first article of our constitution, 7 and, understood, as defined in the Declaration of the Rights of Man and of the Citizen, as the right to do anything that does not affect third parties. This resolution does not simply include the four persons covered by the specific clause which protects drug addicts detained by the authority for the possession of narcotics as long as the amount does not exceed the provisions in the table provided by the federal legislature. With this resolution, in addition to declaring unconstitutional the contested articles, the responsible authority is ordered to issue authorizations to consume marijuana for recreational purposes and for all related activities: sowing, cultivating, harvesting, preparing, conditioning, transporting, etc. This is justified by the very concept of effective justice, in other words that the effect of a sentence must be guaranteed in the most effective manner possible by the authority in order for people to enjoy their rights. Neither the constitution nor the Supreme Court of Justice of the Nation, nor any other institution of the State recommend the consumption of marijuana through this resolution. The constitutional mandate is to comply with human rights, and the Supreme Court cannot tolerate the suspension any of them such as the right to individual freedom. The most conspicuous essay to date on freedom, in terms of the declaration, is the one written by the English philosopher John Stuart Mill For Mill, the exercise of freedom is closely linked to the existence of a private life and to a null or minimal intervention of the State. Mill, of course, analyzes the problem of freedom in the context of English liberal thought, that is, as his fellow countryman John Locke 12 put it, the relation between the interests of the individual and those of the State. Hence the following question: how to protect the individual against the power of the State? Mill's answer lies in the definition of freedom of allowing the individual to do everything he pleases, as long as it does not affect third parties, because that way the intervention of the State is not necessary. First, to illustrate the relevance of this definition of freedom, Mill stresses the importance of freedom through his idea of man. For him, man is a compound of reason and passion: reason helps man to make use of the capacity for judgment and rational development, and passions allow to experience the immediate environment and distinguish each principle of social individuality. To cultivate them means to increase individuality and creativity. Mill's corollary is that all obstacles to freedom hinder the development of man, his capacity for judgment and his ability to experience the world and to develop individually the more rational and passionate the development, the better the men will be. Among the many social obstacles church, education, state , State power is the greatest and most formidable for the exercise of freedom and human development. Mill then goes on to analyze the use and abuse of freedom to clarify when and how it affects third parties. There are three types of freedom for Mill: opinion, action and association. In the exercise of the second and third third parties are always affected. Hence, it is necessary to distinguish between the different types of actions in order to know the type of affectation it will provoke. Mill draws a distinction between two types of action: positive action intentional action and negative action intentional omission. In the second type of action —according to Mill— third parties are less affected than in the first type. Therefore, the State has the right to intervene in the life of the individual regulating their positive actions. But the only appropriate way to intervene is to punish, that is through corrective and non-preventive measures, in order to affect as little as possible the freedom of the individual another he will say in his Principles of Political Economy. In freedom of association, the individual always leaves his private sphere and enters the common space, public or social, affecting third parties. On the other hand, in the private space, action affects only the individual. This is why Mill enjoys greater positive freedom of action. The resulting paradox does not escape the reading of Mill's book: where the individual exercises his freedom more fully, because it affects third parties less life and private space , is where he can best develop to become a better citizen. Faced with this paradox, it is necessary to ask how the freedom to use drugs allows for individual development and for a better social entity. Does the individual have the right to harm himself? Is suicide and self-mutilation a legitimate form of the exercise of freedom? Can anyone in the legitimate exercise of his freedom become evil? Surely evil is the price of freedom. Augustine , because they consider reason insufficient and they require the assistance of an external aid, such as divine grace or social institutions or both. Although evil thrives in many ways, it causes the most bewilderment when it is directed against the perpetrator itself. Therefore, the most suggestive reflections have been proposed on how to protect man from disloyalty to himself. This question was formulated by St. Augustine in another way: how can man remain faithful to his demand for transcendence? Consequently, in addition to imploring the grace of God, the function of the Church must be that of a vigilant of the good behavior of his flock. From this, a new solution to the problem of evil and human freedom is developed: if the natural goodness of the rational man due to original sin or even the direct guidance of God is not accepted, one can trust social or religious institutions. It is evident that this idea of St. Augustine, especially exposed in his maturity work The City of God , reflects the crisis that the father of the church lived by the fall of Rome in the hands of Alarico I in The church represented for Augustine a kind of ark of Noah that preserves the pure ones from perdition, almost in the way in the Republic of Plato the individual destiny depended on the strength of the social whole. In our days, the issue is about the responsibility of the State to authorize or decriminalize the consumption of a harmful substance. In modern times, Jean Jacques Rousseau's 18 enlightened thought warned that the problem lies precisely in institutions and not in the nature of man. The reason why men are inclined to evil is not their own human nature, but the way they gather together in society, fostered by the social structure and its institutions, in such a way that the institutional organization is more important for the welfare than the individual exercise of freedom. Obviously within this trend, there are differences: some insist on the social structure of the market and the forms of production as the main factor; others stress the excessive concentration of power by a few and the null or incipient division of powers control of power by power. Some more point at impunity that does not punish the overlapping of individual benefit and the common good. Be it economic, political or judicial reasons, the fact is that in the exercise of individual freedom, the environment plays a decisive role. What is the relevance of these for the consumption of marijuana? What is the responsibility of the State for the exercise of individual freedom? In Mexico the intervention of the State to impose age limits on the consumption of tobacco, alcohol, even the consumption of sugary drinks and foods with high caloric content, is considered justified, but to affect the right to freedom and to prevent the individual from doing something with his life and private space is not considered justified, to the extreme of not prohibiting the use of marijuana. Given that no one questions the harm of marijuana to the health, then the paradox between private and public interests consuming marijuana as a right to exercise freedom, and being healthy as an obligation to perform tasks of social interest is insoluble by Supreme Court of Justice of the Nation. However, most of the issues dealt with by the Supreme Court of Justice go beyond the legal sphere and are internalized in the meta-legal or meta-constitutional levels. At the meta-constitutional level it is necessary to seek justification for the recreational use of marijuana. I will thus try to justify the recreational use of marijuana. For the French thinker Michel Foucault 20 the key problem worthy of consideration is to investigate the bowels of power. What is power? If power is authentic and complete, then it has power over life and death. To unravel the essence of power, Foucault proposes to analyze three typical institutions of modernity: the clinic, the jail and the madhouse. The reason is that this is where power is best manifested, because that is where life and death are decided. It is striking that neither the scaffold nor the torture chamber are so relevant. The life and death in the hands of the powerful represent the power of inclusion or exclusion of society. In the case of the clinic and the asylum, but also of the prison, the power plays with the concepts healthy and pathological to decide who is inside and who outside, who deserves death and who still lives, because death is also understood in sociology as social exclusion, and the sick corporal or mental lives excluded from society. In our case regarding the consumption of marijuana, we discuss its harmful or beneficial effects as an argument for or against its decriminalization. What is striking in this case of ours and despite the constant presence of power organizing debates is the absence of analysis on the terms health and disease, subsidiaries of the normal and the pathological. Obviously, the problem about the structure and behavior of the healthy and diseased normal or pathological is very vast. Each case of disease raises problems of anatomy, embryology, physiology, psychology, etc. No one can deny that talking about health and illness means talking about successful and failed ways of life. And to distinguish between the two it is necessary to know the obligations imposed on man in the modern world. These are not the same as in the past. On the one hand, modern man lives stressed under the multiple obligations of the present life. On the other hand, throughout history there have been different notions of normal and pathological, such as those imposed by the dynamic school or the ontological school. The ontological conception of disease conceived it as something that happens to man and is localized or manifested in his symptoms. In the case of users who are addicted to marijuana, the dilemma between healthy and sick is analyzed from a functional concept of disease which corresponds to that of the dynamic school. Incarceration is necessary and inevitable, because the addict's illness operates as an internal struggle between him and something that is foreign and keeps him out of control. Only the medical technique can save him and restore his health, since nothing good can be expected of the one who abandons his social obligations and becomes an uncontrolled. If pernicious alcohol or intoxicating drinks is viewed differently, and does not re-enter into the discussion about its authorization or prohibition, it is because it is analyzed from a different point of view. That is why alcohol is tolerated and marijuana is not. How to solve the problem regarding marijuana use? First, it must be admitted that medicine is a technique rather than a science, 27 located at the crossroads of many sciences. Second, it can not be denied that the study of disease is a strategy to control the body within the limits of power. Therefore, a decisive point in the discussion must be the criterion chosen by the power on the normal and the pathological: how good or bad is marijuana? How abnormal does marijuana turn its consumers? In Aldous Huxley wrote his dystopia Brave New World , where he proposed the use of the drug Soma as a solution for the social problem in order to achieve happiness in the world. Huxley, as a good Englishman, was a lucid heir of the philosophical thought of Hobbes, Locke, Mandville, Hume, Malthus, etc. In spite of the express intention of each signer to submit to the sovereign and strive for the collective good, a certain residue of irritation was inevitable, since it always had to yield to the majority. That irritation or discomfort was diluted with the use of the Soma drug. Social unrest, as a result of feeling obliged to give up private interests every day, is also described in psychology. During the same year of the publication of Brave New World , in , the Austrian doctor Sigmund Freud published Civilization and Its Discontents , where he examines the origin of the discomfort that man feels to inhabit the modern world. Its starting point was the question about the end of life, more typical of theology than of medicine or psychology. However, as some Western authors considered the meaning of life by the end of it teleology , Freud nevertheless approached the problem, although only indirectly. With reference to animal species no one asks for their end, unless they have utility for man. But to seek an end of animal life in itself seems trivial. Only man's life has an end in itself, and this is precisely why the statement is so disturbing: why only the life of man has or pursues an end? Human life, like any biological life, has no end. The question: why did evolution converge in man and led to the extinction of other species? For this reason, the approach to the end of life should come, at best, from a supposition transcendent to human life, namely: God. And this explains why God and the end of life represent happiness for man: man desires not only to live like any other species , but to live happy. Freud then goes on to analyze happiness and discovers, like so many others, 28 that it consists in procuring pleasure and avoiding pain. The principle of pleasure is that which prescribes the end of human life, a principle that governs the complete psychic apparatus and ultimately explains the behavior of man. Granting this first point, it is necessary to analyze the following paradox: why does it cost man so much effort to be happy if that is the meaning of his life? It seems that the vital principle of pleasure always conflicts with the world with the macro- and microcosm , to the extent that the pleasure principle is absolutely unfeasible. If this constitution of man limits his possibility of happiness, it does not prevent him from experiencing misery. According to Freud, suffering or pain threatens man from three fronts: the external world with its natural cataclysms , the body doomed to ruin and dissolution , and the bond with other human beings i. From the deformities and diseases of the body, medical science, sports and cosmetology protect him. From social violence, maybe just loneliness. Is this all that the man has left in his life? If the pleasure principle longs for a permanent situation, and this longing gives meaning to life, the paradox of wanting the unattainable can not be ignored. Freud, again in accordance with JS Mill, 30 says that what is called happiness is the sudden and fleeting satisfaction of retained needs sic , with a high degree of stasis i. Under the influence of the outside world, the pleasure principle is confronted with the reality principle. And under the influence of the latter, the well-versed man accepts to avoid pain and to give up looking for pleasure. Culture has also been developed to alleviate the discomfort caused by the obligation to watch over the common good and to postpone one's own good. Among the strategies of survival to society are drugs. The consumption of marijuana, like that of the mythical Soma, has the function of diluting the malaise of culture. Therefore, permissibility of marihuana should not be decided for the good it does, but for the evil it avoids. This seems to be a point that escapes the analysis of doctors and legislators. The paradox of freedom consists in being able to do everything that pleases the individual, including what hurts him, but without affecting third parties. However, it is worth asking how this exercise of freedom is possible taking into account that this should contribute to the development of the person who exercises it. In addition, the individuals only conquer their welfare in society with the help of State institutions. For this reason, the State establishes the parameters that define the healthy man fit for the culture, in function of the responsibilities useful for the common good. However, personal happiness never matches social needs and interests, hence the discrepancy between personal obligations and desires. The consumption of marijuana, although it does not seek medical welfare, reduces social tensions and conflicts, and this justifies its decriminalization by the State. Norbet W. Paul, Geschichte, Theorie und Ethik der Medizin. Suhrkam Verlag. Frankfurt am Main Michel Foucault, Die Anormalen. Suhrkamp Verlag. Georges Canguilhem, Das Normalen und das Pathologischen. Article 1. In the United Mexican States, all persons shall enjoy the human rights recognized in this Constitution and in the international treaties to which the Mexican State is a party, as well as the guarantees for their protection, the exercise of which shall not be restricted nor suspended, except in the cases and under the conditions established by this constitution. Reformed by the decree published in the official journal of the federation on June 10, Article 4. Freedom consists in being able to do everything that does not harm others. Thus, the exercise of the natural rights of each man has no more limits than those that assure the other members of society the enjoyment of these same rights. These limits can only be determined by law. The rights cannot be suspended practically under any circumstance, as indicated in Article 29 of the Mexican Constitution.. John Stuart Mill, On Liberty. Clarendon Press, Oxford, Modern scholarship on the subject, such as the studies carried out by Ronald Dworkin, do not add an iota to those spoken by the English philosopher more than a century ago. See Ronald Dworking, Justice for hedgehogs. Harvard University Press John Locke, Two Treatises of Government. See Hans Urs von Balthasar, theodramatic. Johannes, Einsiedeln Augustine refers to sins against the Holy Spirit, that is those committed by pure malice without the attenuation of ignorance or the subjugation of a passion. Of the 6 mentioned by the father of the church, the fifth obstinacy in sin is now the most relevant. The modern version of St. Augustine's ideas can be read in Catechism of the Catholic Church. Jorge Carpizo used this term to refer to presidential powers that exceeded what was allowed by the constitution, such as the appointment and dismissal of governors. Carpizo cited the testimony of the former governor of Baja California, Braulio Maldonado, who boasted that he had come to governorship because of his friendship with President Adolfo Ruiz Cortines and not because of the popular vote. Editorial Siglo XXI. Fischer Verlag, This would be the hedonistic tradition initiated by Epicurus of Samos BC. Nothing very different from the one proposed by John Stuart Mill but not equivalent. The principle of action, within utilitarian ethics, is to seek the greatest amount of pleasure and avoid the greatest amount of pain for the greatest number of people. John Stuart Mill The Utilitarianism. In addition to reasons such as adverse world, vulnerable body and stumbling sociability, the problem is —according to Freud— that we are conceived to enjoy the contrast and not the permanent state of a sensation.. Sigmund Freud, Das Unbehagen in der Kultur. Fischer Vrlag. In the constructivist sociology of Peter Berger and Thomas Luckmann the problem of socialization is approached in much the same way as Freud's. ISSN: Previous article Next article. Issue 1. Pages July - December Export reference. More article options. DOI: Download PDF. This item has received. Under a Creative Commons license. Article information. Palabras clave:. Full Text. I Introduction This note will analyze the problem of marijuana use in Mexico taking into account the following points: first, the freedom of the individual as conceived by the Supreme Court of Justice of the Nation in the resolution of Minister Alfredo Gutierrez Ortiz Mena. II On Freedom The National Supreme Court of Justice resolved on November the unconstitutionality of the normative set integrated by articles last paragraph , , section I , last paragraph , and , of the General Act of Health, 6 which constituted a system of administrative prohibitions against the consumption of marijuana i. III Meta-Constitutional Dilemmas In Mexico the intervention of the State to impose age limits on the consumption of tobacco, alcohol, even the consumption of sugary drinks and foods with high caloric content, is considered justified, but to affect the right to freedom and to prevent the individual from doing something with his life and private space is not considered justified, to the extreme of not prohibiting the use of marijuana. IV Marijuana: Health and Illness For the French thinker Michel Foucault 20 the key problem worthy of consideration is to investigate the bowels of power. VI Conclusions The paradox of freedom consists in being able to do everything that pleases the individual, including what hurts him, but without affecting third parties. The rights cannot be suspended practically under any circumstance, as indicated in Article 29 of the Mexican Constitution. In addition to reasons such as adverse world, vulnerable body and stumbling sociability, the problem is —according to Freud— that we are conceived to enjoy the contrast and not the permanent state of a sensation. Subscribe to our newsletter. Print Send to a friend Export reference Mendeley Statistics. Revistas Mexican Law Review. Article options.
Kantan Theory and marijuana
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By using our site, you agree to our collection of information through the use of cookies. To learn more, view our Privacy Policy. To browse Academia. This paper critically analyzes and delineates in broad outlines the various features of Kant's ethical theory. In spite of some views to the contrary, this study sees Kant's position as basically a deontology science of duty. For a more practical signification of our study, this paper evaluates the duty of citizens in Nigeria to obey the laws of the land in the light of Kant's theory. Immanuel Kant argues that the principle of morality is the categorical imperative. This imperative, for him, bears the form for the permissibility or otherwise of all human actions. The question of what is right or wrong in human relations has remained a central concern of the philosophers, beginning from the time of Socrates to our time. Thus, there has been a general disagreement among moral philosophers, as to what makes an action either morally right or morally wrong. In his moral philosophy, Kant had asked: ' how can I find whether the action I intend to perform is morally right or wrong? What is the yardstick for distinguishing right from wrong? In answering his own questions, Kant posited a theory — the categorical imperative — that explains what makes an action right or wrong and the yardstick for distinguishing what is right from what is wrong. This paper critically examines Immanuel Kant's Categorical Imperatives as well as showcases some morally-worthy elements in the categorical imperatives that could guide human actions. The paper argues clearly that Kant's categorical imperatives is inadequate and therefore, cannot be the right standard or norm of morality for man. The adoption of Kant's categorical imperatives as the universal laws of action would lead to so many contradictions and problems. Hence, Kant's categorical imperative has been found to be grossly inadequate and so cannot be taken as the yardstick for determining what makes an action right or wrong. Embarrassed by the apparent rigorism Kant expresses so bluntly in 'On a Supposed Right to Lie,' numerous contemporary Kantians have attempted to show that Kant's ethics can justify lying in specific circumstances, in particular, when lying to a murderer is necessary in order to prevent her from killing another innocent person. My aim is to improve upon these efforts and show that lying to prevent the death of another innocent person could be required in Kantian terms. I argue 1 that our perfect Kantian duty of self-preservation can require our lying to save our own lives when threatened with unjust aggression, and 2 that Kant's understanding of moral duty was that duties are symmetrical, such that if one has a duty to perform a given action on one's own behalf or to protect one's own rational nature, then one also has a duty to perform similar acts on other's behalf or to protect their rational nature. Thus, that the individual protected against aggression by means of deception is not oneself should be of no consequence from a Kantian perspective. Lying to the murderer is thus an extension of the Kantian requirement of self-defense. Abstract - The medicinal use of marijuana has been legalized in 23 states and the District of Columbia to date. Of these states, Colorado, Washing ton, Oregon, and most recently Alaska have legalized the recreational use of marijuana for individuals 21 and older as well. There are also 18 states that have decriminalized its use while all other states have some form of prohibition laws. Because individuals with disabilities are at an increased risk for developing substance use disorders or have ailments e. As a result, it is important that counselors, service providers, and policy makers be proactive in thinking about and preparing for any and all consequences particularly as it relates to the vocational rehabilitation process. Engaging in dialogue and addressing the issues surrounding the use of marijuana before hand allows for the development of an action plan that has been thoroughly considered and can then be administered in an efficient and streamlined fashion. This paper hopes to serve as the impetus for such dialogue while also providing information on marijuana's pharmacological properties, the positive and negative benefits of its use, legal considerations, and training and educational implications for counselors. Keywords: medicinal marijuana, legalization, decriminalization, vocational rehabilitation. Contra la tortura: cinco ensayos y un manifiesto, Biennale Architettura How will we live together? Log in with Facebook Log in with Google. Remember me on this computer. Enter the email address you signed up with and we'll email you a reset link. Need an account? Click here to sign up. Kantan Theory and marijuana Denise Weekes. Can homo economicus follow Kant's categorical imperative? Why the Buzz? Stephanie Lusk , Teresia Paul. Kantian Ethical Analysis section In this section, I will begin with an introduction to Kantian ethics, the philosopher behind thie this ethical theory. For Kantians, there are two questions that we must ask ourselves whenever we decide to act and as you will see further, three tests that need to be followed: 1 Can I rationally will that everyone act as I propose to act? If the answer is no, then we must not perform the action. Again, if the answer is no, then we must not perform the action. Kant believed that there was a supreme principle of morality, and he referred to it as The Categorical Imperative. The CI determines what our moral duties are. An imperative is something you need to do. Universal 'Law' test 2. Kingdom of Ends: imagine every maxim you employ and every action you take is forming a group of set laws for all of humanity in an imaginary Kingdom of Ends. Perfect justice and perfect peace will ensue. Agent-Receiver Test: Raises the question, whether a rational person will accept the rule, whether or not the person was the giver of the action In the case of Coats v. Coats, a licensed medical marijuana user, debilitated by muscle spasms, tested positive for the substance during a random drug test at his work. The result is a clash between a culture that increasingly accepts marijuana and companies that will fire employees who use it. Using Kantian ethics, we will apply the Three tests of Categorical Imperative to determine if the employer acted morally. Dish Network was doing what the Categorical Imperative commands out of duty to honoring the Employee policy and because the truth is that medical marijuana is still not legal on the Federal level. The force of the moral 'law' is felt as a demand made against will, a command or imperative of reason, ordering the will to act from duty. First test of morality under the Categorical Imperative is universality. A morally good person is one who acts on maxims that a rational person consistently could to become a universal 'law' without any contradiction or negation. What would happen if everyone terminated employees who failed to follow workplace policy who were also not compliant with federal law? If all company's followed this rule, it will be sustainable from a sense of duty and choosing to obey the moral law. Dish Network had a duty to enforce their zero-tolerance policy when it came to drug use to ensure a safe and productive environment. The policy strictly stated 'No employee shall report to work or be at work with alcohol o with any detectable amount of prohibited drugs in the employee's system. Any violation of this statement of policy will result in disciplinary action up to and including termination'. If the opposite of the maxim were made a rule, and companies allowed medical marijuana use, this can affect more than , registered medical marijuana users in the state of Colorado and set a precedent that could affect millions of patients nationwide. Marijuana still remains illegal on the federal level and it is in an employer's right to fire a medical marijuana patient who fails a drug test, even in the states where it's legal for medical use. Throughout the country, where state medical marijuana laws do not explicitly provide protected status to patients, state supreme courts have upheld companies' decisions to fire employees for their cannabis use outside the office. Until the federal government changes the law to permit the use of marijuana for medicinal purposes and the Americans with Disabilities Act expands it's protection policy to protect the use of medical marijuana then we can say that the employer did NOT pass all three parts of the Categorical Imperative. Dish Network was acting out of the duty to follow the policies set forth in the company policy. As a national company, Dish is committed to its drug-free workplace policy and compliance with federal law. The moral law requires acting from a sense of duty and choosing to obey the moral law. It will be insufficient morally if one performs an act out of psychological compulsion or external pressure, in this case because the state legalizes medical marijuana. An act has moral worth if one does it because it is right, because it is required by the Categorical Imperative and because one's motive for acting is in recognition of this duty. The employer passed the first test. The second test of Kant's Categorical Imperative, as well as the third, emerge as a powerful check against any residual immorality that the first test failed to prevent. The second test demands respect for rational beings as ends in themselves. In Kant's Kingdom of Ends test means that Brandon Coast should be respected as an 'end' and treated with dignity and respect and as a valuable and worthwhile entity. Kant calls the employer to recognize the intrinsic worth of Brandon Coat and consider him as rational and free agent who possesses the capability, freedom and right to set his own goals, make his own decisions and govern his action by reason. Brandon Coat did not take marijuana for recreational purposes, he instead was a medical marijuana patient who used the drug to treat debilitating muscle spasms from a spinal injury that left him in a wheelchair. Coats was quoted saying 'I think I'm a good person to do this. This happened to me. There's nothing I can do about it. But what I can do is maybe prevent it from happening to someone else. In fact, Coats stated that he was ranked in the top 5 percent of his fellow telephone customer service representatives and was moved into a more prestigious commercial section of his department. We can see here that the employer is wrong to terminate him solely on these grounds of violating the company strict drug policy, because Coat performed his job well and his performance to fulfill his job was never questioned. He therefore was not given the respect he earned as a good employee. Kant will rule that the employee failed the second test as this test emphasizes that dignity resides in freedom and rationality. Dish also failed this test because they treated Coats as an impersonal object to advance their goal of enforcing their workplace policy, while exhibiting a lack of respect by rejecting Coats reasons and views on why he was using marijuana in the first place. A moral employer would allow its employees the freedom to form their own reasoned judgment and grants the greatest freedom to perform the action they choose, within the limits of the employment relationship.. The third test, Agent-Receiver test is yet another way of formulating the Categorical Imperative as it underscores the autonomy of rational beings. He believed that, unless a person freely and willingly makes a choice, their action has no meaning and certainly no moral value. Coats used prescription drugs to combat the spasms he had from the accident which left him paralyzed but over time the efficacy waned. His doctors recommended he start using medical marijuana. Coats then joined Colorado's medical marijuana registry in , hoping that the cannabis would alleviate the persistent spasms. The small amount of cannabis alleviated the persistent spasms Coats faced. The conclusive evidence shows that the employer acted immorally because it failed two out of the three tests of the Categorical Imperative. Martin, eds. Fundamental Principles of the Metaphysics of Morals. Self-Respect and Protest. Philosophy Born of Struggle. Jack Healy Sven Rosborn. Ole Morsing. Karim G. Direito fundamental ao julgamento definitivo da parcela incontroversa - Revista de Processo Daniel Mitidiero. Perancangan Digital Bab 6 tulus wahyuno. A tavola con gli antichi: prodotti, regimi e pratiche alimentari della Calabria greca e romana Francesco Cristiano. Topography as an element of acquisition, confirmation and renewal of power in the Fifth Dynasty. Ed by F. Geschichte des politischen Denkens Manfred Brocker. How much have we advanced, current situation, and how far can we go with growth models? Veronika Halas. Hydrolysis of dansyl-peptide substrates by leucine aminopeptidase: origin of dansyl fluorescence changes during hydrolysis Harold Van Wart. Spinocerebellar ataxia type Frequency of epilepsy in a large sample of Brazilian patients Walter Arruda. Structure-properties relationships in triarylamine-based donor-acceptor molecules containing naphtyl groups as donor material for organic solar cells Ion Grosu.
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