The Penal Construction of Drug-Related Offenses in the Context of "Asian Values" - The Rise of Puntitive Anti-Drug Campaigns in Asia

Authors

• Michelle Miao, Chinese University of Hong Kong

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 hife of those who are involved in the war against illicit drugs.

Disciplines

Comparative and Foreign Law | Constitutional Law | Food and Drug Law | Fourteenth Amendment | International Law | Law

Recommended Citation

Michelle Miao, The Penal Construction of Drug-Related Offenses in the Context of "Asian Values" - The Rise of Puntitive Anti-Drug Campaigns in Asia, 1 Cardozo Int’l & Compar. L. Rev. 47 (2017).
Available at: https://larc.cardozo.yu.edu/ciclr/vol1/iss1/4