Cesare Beccaria was one of the original developers of the social contract theory. He helped develop it expansively in his book entitled On Crimes and Punishments (1764). In it he states,

"If we look into history we shall find that laws, which are, or ought to be, conventions between men in a state of freedom, have been, for the most part the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one pont the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number (Beccaria, 1764).

This means that many laws are made by a few and not necessarily backed by the majority. In today's world there seem to be more people who agree that marijuana should be legalized than those who don't. There seems to be a few presiding opinions over the

If people who smoke pot aren't hurting anybody and not committing any serious crimes, why are the penalties for being caught so tough? The people aren't doing any harm to anybody but themselves and are willing to risk their health in later years.

How the Abuse of The Social Contract Theory Prevents The Legalization of Marijuana 5

The cost to society of keeping marijuana is illegal is greater that the cost of learning to live with them. The war against drugs has failed. The cost to society of keeping drugs illegal is greater than the cost of learning to live with them (Kinsley, 1988). The people in the marijuana industry aren't bad people; they come from all backgrounds and are generally good citizens. As long a marijuana remains contraband, there is no way for the government to regulate its sale. Under the current black market, marijuana is easier for kids to by that alcohol or tobacco (Rosenthal, 1996). Some parents don't want their children growing up in a country where smoking marijuana is acceptable. If they don't want them to smoke marijuana, they can raise them not to experiment with the herb. That is just the same as premarital sex, alcohol, or smoking cigarettes.

"The end of punishment, therefore, is no other that to prevent the criminal from doing further injury to society. Such punishments, therefore, and such a mode of inflicting them, ought to be chosen, as will make the strongest and most lasting impressions on the minds of others, with the least torment to the body of the criminal" (1764).

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Approximate Word count = 1488
Approximate Pages = 6 (250 words per page double spaced)