Ice, Straw Men and Decriminalisation

A brief exchange that occurred yesterday (largely via the media) gives a good illustration of a fallacious and incomplete argument, and further demonstrates why the scrutiny of politicians’ words is important.

First published in the Geelong Advertiser, and then on News.com.au, Senior Sergeant Tony Francis was reported (though not directly quoted) as saying that: ‘decriminalising ice could be the best way to fight the deadly drug epidemic sweeping through Australia’. The concept of decriminalising ice was reported as being explored by the Our Town’s ICE Fight taskforce.

Rather than debate the merits of such an idea, I’d like to look at the somewhat curious response from Assistant Minister for Health, Senator Fiona Nash.

Senator Nash responded the same day, with a press release of her own. She reiterates the damaging nature of methamphetamine use, acknowledges that police officers have told her that ‘we cannot arrest our way out of this problem’ and emphasises the need for education. Nothing particularly weird or controversial so far. Then things take a sudden turn as she further states:

However, legalising the drug would send the message that ice is not dangerous. This is the wrong message to send. Legalising what is arguably the worst drug Australia has seen is madness. A Coalition Government will never legalise a drug that destroys brain function, mental wellbeing, general health, employment, relationships, lives and families.

This is clear example of a variation of ignoratio elenchi – irrelevant conclusion, known as the straw man argument. Snr Sgt Francis never said ice should be legalised – he said it should be decriminalised. These are two different things. As a side note, I would expect my current students (2nd year B Social Science and B Soc Sci/B Laws) to understand this distinction. So that an Assistant Minister for Health may not, does not strike me as plausible.

So there is Senator Nash’s first problem. Even if her argument against legalizing methamphetamine was sound, it is irrelevant to whether or not decriminalisation is a good idea to the extent that they are not the same thing. For her statement to actually address what Snr Sgt Francis said, she would have to have concluded that ‘A Coalition Government would never decriminalise a drug a drug that destroys relationships’ etc.

There are, usurpingly, further issues with the logic at work here.

Consider this Sen. Nash’s argument.

  1. Ice causes bad things to happen – it drug that destroys brain function, mental wellbeing, general health, employment, relationships, lives and families.
  2. Therefore, we should not legalise ice – that is to say, we should not change it from being illegal to legal.

Now, as things stand, it’s not actually a valid argument – this is quite independent from the fact that premise 1 may well be true. There is nothing in the premise about legalisation, so it can’t be in the conclusion – that’s a feature of deductive logic. You need to add or tease out the hidden premises required to make it work. This is easily achieved though.

  1. Ice has negative effect on individuals and communities– it destroys brain function, mental wellbeing, general health, employment, relationships, lives and families.
  2. We should minimise the occurrence of these negative outcomes (including not doing things that increase them).
  3. Something being legal rather than illegal increases the negative outcomes associated with its use.
  4. Therefore, we should not legalise ice.

This argument, unlike the original, is logically valid at least. That is to say, the conclusion actually follows from the premises. The problem now is that we have a premise that might not be true – namely that something being legal rather than illegal increases the negative outcomes associated with its use. Where is the evidence for such a bold assertion? I’m going to go out on a limb and say that Senator Nash could not back this up.

I did over-simplify this for the sake of clarity. But it remains that a premise linking legality with increased negative outcomes (or linking illegality with increased positive outcomes) is required to make this argument valid. Until Senator Nash (or one of her staffers) can provide one, no one should feel obliged to accept the correctness of her conclusion.

I can’t help but add an observation on the phrasing of Sen. Nash’s press release. Note that she did not say that the Coalition would never tolerate the availability or legality of a drug that causes such damage. Because that would be untrue – due to the legality and availability of alcohol.

Perhaps I should give her the benefit of the doubt in. This could be a deliberately deceptive dog-whistle to her conservative constituency. After all, if the Assistant Minister for Health did countenance decriminalisation of ice in the future, she would not technically have broken her promise to never legalise it.