Friday, September 29, 2017
Michelle Miao (The Chinese University of Hong Kong, Faculty of Law) has posted The Penal Construction of Drug-Related Offenses in the Context of 'Asian Values': The Rise of Punitive Anti-Drug Campaigns in Asia (International Comparative, Policy & Ethics Law Review, Forthcoming) on SSRN. Here is the abstract:
This article examines the penal construction of drug-related offenses as ‘the most serious offenses’ in the context of ‘Asian values’. It explains that there are at least three ways in which the serious nature of drug-related criminality is constructed – populism, moral culpability and security − all of which are deeply embedded in the political culture and practices in Asian countries which adopt a punitive approach to drug-related offenses. The article explores social and political discourses in support of state reliance on harsh penal sanctions to tackle complex drug-related problems. It shows that these discourses are frequently exploited and distorted for political motives. The article concludes that ‘Asian values’ can neither provide valid rationales for the campaigns of ‘war on drugs’ or offer solid justification for the erosion of the rights, liberty, and life of those who are involved in the ‘war’ against illicit drugs.