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The period of Prohibition — called the noble experiment — brought on the greatest breakdown of law and order the United States has known until today. I think there is a lesson here. Do not regulate the private morals of people. Do not tell them what they can take or not take. Because if you do, they will become angry and antisocial and they will get what they want from criminals who are able to work in perfect freedom because they have paid off the police.
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The most urgent reason for prohibition is the good of these depressed classes. No other single measure of reform can help these people, and at once raise them economically and socially as total prohibition can. The rich and the educated may be indifferent about this reform. It is most necessary for saving the poor and the lowly.
The truth is that prohibitions might have done far less harm as prohibitions, if a vague association had not arisen, on some dark day of human unreason, between prohibition and progress. And it was the progress that did the harm, not the prohibition. Men can enjoy life under considerable limitations, if they can be sure of their limited enjoyments; but under Progressive Puritanism we can never be sure of anything. The curse of it is not limitation; it is unlimited limitation. The evil is not in the restriction; but in the fact that nothing can ever restrict the restriction. The prohibitions are bound to progress point by point; more and more human rights and pleasures must of necessity be taken away; for it is of the nature of this futurism that the latest fad is the faith of the future, and the most fantastic fad inevitably makes the pace. Thus the worst thing in the seventeenth-century aberration was not so much Puritanism as sectarianism. It searched for truth not by synthesis but by subdivision. It not only broke religion into small pieces, but it was bound to choose the smallest piece.
The law perverted! The law — and, in its wake, all the collective forces of the nation — the law, I say, not only diverted from its proper direction, but made to pursue one entirely contrary! The law become the tool of every kind of avarice, instead of being its check! The law guilty of that very iniquity which it was its mission to punish! Truly, this is a serious fact, if it exists, and one to which I feel bound to call the attention of my fellow citizens.
It is impossible to introduce into society a greater change and a greater evil than this: the conversion of the law into an instrument of plunder. What are the consequences of such a perversion? ... In the first place, it erases from everyone's conscience the distinction between justice and injustice...When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law.
To legislation... the Puritans resorted. Instead of guiding, they repressed, and thus pitted themselves against the unconquerable impulses of human nature. Believing that nature to be depraved, they felt themselves logically warranted in putting it in irons. But they failed; and their failure ought to be a warning to their successors.
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