Weaknesses of Economic Arguments for Legalizing Drugs as a Manifestation of the Limits of Economic Imperialism

Purpose: The aim of the work was to show the negative effects of economics imperialism in the area of criminal law, on the theoretical and practical levels. Design/Methodology/Approach: A manifestation of this imperialism is the economic analysis of criminal law, based on an economic and utilitarian approach. Findings: The theoretical part shows the limitations of the two main pillars of the economic analysis of law: the instrumental (calculational) rationality of an individual and the economic (utilitarian) effectiveness of the law, against the background of the traditional theory of criminal law (retributivism). Then, in the practical part, the economically motivated postulate of legalizing drugs was opposed, demonstrating the weaknesses of such arguments and presenting an alternative, although also economically well-grounded, scenario of negative social and economic consequences of the end of drug prohibition. Practical Implications: Economic approach to law can be helpful in shaping a specific policy to combat drugs, because it draws attention to the economically effective spending of public funds, which is important in public management. Therefore, the mere use of the criterion of economic (utilitarian) efficiency, which is based on the instrumental (calculation) rationality of an individual, is not excluded, because de facto methodological reductionism may prove valuable. Originality/Value: On the basis of the above considerations, this means that economic approach to law may be useful in the practice of creating criminal law, provided that it does not conflict with non-utilitarian values important for society, constituting an alternative method of inquiry within the criminal law system based on retributivism.