Popular Posts

Monday, October 31, 2016

Killing Drug Lords, Pushers and Users: A Moral Dilemma on the part of Government, a case in the Philippines’ context.

Damianus Abun



Abstract

Killing drug lords, pushers and users is considered a moral dilemma on the part of government. On one side, the government is not happy to kill its own people because its conscience would tell that it has to respect human life and human dignity, human rights and the law of God. Holding such concept would mean following the process of solving the problem and punish those who are found guilty in jail. But it seems the government doubts if such method could guarantee security, peace, order and economic prosperity for the country as a result. The nation would be in jeopardy. On the other side, adopting the consequentialism morality does not seem to guarantee the expected result. It is only expectation. Killing does not guarantee that it will reduce crime and restore security, peace, order and consequently economic prosperity. So what then?  Not doing anything would be immoral on the part of the government because it is its duty to solve the problem. Apparently, choosing one method would not make it moral but it will only be a choice of lesser evil. Now the dilemma is what stand will the government uphold? Will it follow the opinion or the doctrine of the Catholic Church or the Absolutists or following the opinion of the consequentialists? 

Key Words: Catholic Church’s teaching, absolutism and consequentialism 
  
Introduction

The context of this article is Philippines’ context. I write this article to provide some understandings about the current concern in the society, particularly in the Philippines about killing the drug lords, pushers and users. Everyday people are bombarded by news about killings the drug users, pushers or Drug lords, but based on my own observation; mostly those who are killed are the poor users and pushers. While the drug lords are just listed and called to explain and after that, they may be cleared or the case would be filed in court. There is a due process. This article would delve on that issue. The numbers of people who have been killed are increasing every day and as of October, 2016) the estimated numbers of those who have been killed are around more than 3000 people. This is just after 4 months in the office. The President has promised people that he will kill all until the last drug lords and when the last drug lord will be killed is not certain.  The worry increases and people start thinking that they might be included unnecessarily in the list to be killed. As early as July, some family members of the victims came out and complained to the media that their brothers, sisters, father or mother have not been into drugs but they have been killed. In other words, there are innocent people who have been killed unnecessarily, however the government’s justification is that there is no war without collateral damage.   

In the beginning of war against drug, or killing started, people seem to support the move of the President but as events go on, when innocent people are also killed, the sentiments of people have become divided. People start thinking that they could be possible candidates to be killed and such fears trigger them to oppose government’s move to kill without due process.  The society becomes divided, many are against the killing and many also are supportive of the killing. Their stand on the issue is definitely influenced either by their personal values or common ethical values or their religion. Thus the issue becomes moral issue, no longer economic and political issue. The dilemma arises due to the fact that not all subscribe to the same concept of morality which is either absolutism/universalism or consequentialism. Some are taking the point of consequentialism, that killing drugs users, pushers and drug lords would bring security, safety, and peace and as a result it would bring security, order and peace. Further, such situation will attract more investors to invest in the country and consequently economic prosperity as a final outcome. While some argued that no matter whatever the consequence might be, killing people to achieve such end is still immoral. Now the question for us to be raised:  what will be the position of the government to solve the drug problem in the country to be accepted morally? Is it killing or due process and imprisonment?  

Philippines and the Teaching of the Catholic Church

The Philippines is the 5th largest Catholic Country in the world, and the largest in Asia (Inquirer Global Nation. December 21, 2011).  According to the Philippine Daily Inquirer (2011), as cited from a US-based research center, “Pew Research”  that the Philippines remains to be the bastion of Christianity in Asia with 86.8 million Filipinos or 93 percent of a total population of 101,498,763 million, —adhering to the teachings of Jesus Christ. Catholic religion in the Philippines was introduced by Spanish missionaries and colonists, who arrived in the early 16th century in Cebu. Since then the Catholic population is always growing and now it has a number of around 86 million Filipinos from 101 498 763 people, or roughly 86.8% of the population profess Catholicism (Pew Research, 2012 & Countrymeters, 2016).  Such figure indicates that majority of Filipinos are professing Catholic faith and adhering to the teaching of the Catholic Church which is based in the Bible and the Catholic Church believes that the bible is written through the inspiration of the Holy Spirit. In other words, the bible is the Words of God; it is the voice of God.  

There are Ten Commandments in the Bible and the fifth commandment is “Thou shall not kill”. The order not to kill is coming from God and thus there is no discussion on the order, the Church is just implementing it and sees to it all its followers are adhering to such command. The discussion related to the motive, means, ends and consequence does not really give much weigh to determine the morality of such act but those discussions can only contribute to determine the gravity of the act, not to determine the morality of the act. The act itself is by its nature is immoral. The Catholic Church would always say that killing is immoral.

The underlying motivation of such commandment is that “God alone is the Lord of life: no one can under any circumstances claim for himself the right to directly to destroy the life of an innocent person (CCC, 2258). Since life is given by God, then only God can take the life of a person. God is the owner of life from the beginning to the end. However, the Old Testament specifies the prohibition contained in the fifth commandment, “Do not kill the innocent and the righteous (Ex.23:7, CCC2261). Catechism of the Catholic Church document of the Philippines further emphasizes that deliberate murder of an innocent person is gravely contrary to the dignity of the human being, to the golden rule and to the holiness of the Creator (CCC2261).  Jesus in the Sermon on the Mount repeated such commandment, “You shall not kill” (CCC, 2262).

The Ten Commandments and particularly the fifth commandment have been governing principle of human conduct of the Catholics. It is their belief that killing is immoral. It is a fundamental principle of morality. Love toward oneself remains a fundamental principle of morality. It is the basis for someone to respect human dignity.  Each one has the right to life, even the criminals. However the Catechism of the Catholic Church further clarifies the case of killing as a self-defense. It argues that someone who defenses his life is not guilty of murder. The documents further argues that legitimate self – defense can be not only a right but a grave duty for someone responsible for another’s life, the common good of the family or of the state (CCC, 2264, 2265).

Now the question in mind, “Is killing drug users, pushers, and drug lords” accepted as a legitimate defense to defend the Filipinos and the Philippines?” Before answering such question, let us get down to the drug problem reality. We cannot deny the fact about the danger of drugs to the life of individual people and the life of a nation. The composition of drugs is chemicals. Different drugs, because of their chemical structures, can affect the body in different ways. In fact, some drugs can even change a person's body and brain in ways that last long after the person has stopped taking drugs, maybe even permanently (Gateway Foundation, 2011). Drugs indirectly target the brain's reward system by flooding the circuit with dopamine. Dopamine is a neurotransmitter present in regions of the brain that regulate movement, emotion, cognition, motivation, and feelings of pleasure. When drugs enter the brain, they can actually change how the brain performs its jobs. These changes are what lead to compulsive drug use, the hallmark of addiction (Gateway Foundation, 2011). In short, drugs cause malfunction of the brain. Besides affecting the brain working system, drugs also weaken the immune system, abnormal heart rate to heart attacks as a result of cardiovascular conditions, liver damage or failure, stroke and brain damage. According to US government report as cited by Alcoholrehab.com (2009) pointed out that drug addiction in the Philippine appears to be on the rise. According to the report, there are believed to be as many as 6.7 million drug abusers based on the figures from 2004, a dramatic increase from 1972 when there was only believed to have been around 20,000 drug users in the Philippines. Drug abusers cited in the report, include not only methamphetamine (locally known as Shabu) but also alcohol, marijuana, heroin, cocaine, opium, ecstasy and inhalants such as nitrates and gasoline. However, the above data may be exaggerated because the survey conducted by DDB (Dangerous Drug Board) last October 2016, estimated that 4.8 million Filipinos aged 10-69 years old used illegal drugs at least once in their lives (Gavilan, 2016). Though both data seems to be varied, but both seems to point the same direction about the increase in numbers of those who are taking drugs. Gavilan (2016) as based on the DDB report pointed that the current drug use prevalence among Filipinos aged 10 to 69 years old is at 2.3%, or an estimated 1.8 million users. The number seems to be on the rise as compared to previous year 2008, 1.7 million and 1.3 million last 2012. Meanwhile, data taken from the Philippine Drug Enforcement Agency or PDEA (2016) states that, 11,132 out of 42,036 barangays in the country are drug-affected as of December 2015. Given those figures, if not prevented, then we can predict that every family will be affected by drugs as pointed out by US National Drug Intelligence Center (2006). The US National Drug Intelligence Center pointed out that consequence of drug abuse affect not only individuals who abuse drugs but also their families and friends, various businesses, and government resources. Now one might wonder, will it happen to the future generation and the future of the Philippine if the drug problem is not addressed now? If the trend is undisrupted, then for sure, it will lead to the bankruptcy of society, period.

The main question above now can be answered that war against drug is accepted. The Catechism of the Catholic Church (1994) pointed out preserving the common good of the society requires rendering the aggressor unable to inflict harm. For this reason, the traditional teaching of the Church has acknowledged as well-founded the right and duty of legitimate public authority to punish malefactors by means of penalties commensurate with the gravity of the crime, not excluding, in cases of extreme gravity, the death penalty. For analogous reasons those holding authority have the right to repel by armed force aggressors against the community in their charge (CCC, 2266). Thus, here the Catholic Church talks about punishment that those who are guilty must be punished and the primary effect of punishment is to redress the disorder caused by the offense. When the punishment is voluntarily accepted by the offender, it takes the value of expiation. Moreover, punishment has the effect of preserving public order and safety of persons. Finally punishment has a medicinal value, as far as possible; it should contribute to the correction of the offender (CCC, 2266).

Thus from the arguments above, we can now say that war against drug is accepted but punishment or imprisonment is the end of the process, killing is not accepted, except in the case of extreme gravity. However, killing or dead penalty here is done after due process has been observed and found the person to be guilty beyond reasonable doubts. To determine the level punishment, then due process is needed. I really believe that since the Philippines is predominantly catholic, majority of the population is influenced by the teaching of the Catholic Church and thus consequently the method used by the government is against the teaching of Catholic Church and it is expected that those who are following the teaching of the catholic Church will go against the government's war on drugs. However, many also favor government's war on drug for practical reasons. Drugs have caused insecurity and affected businesses. It is on these reasons, we have seen diverse reaction to killing drug users, pushers and drug lords.  
 
Absolutism

The question that we have raised above is: “Is killing drug lords, users and pushers acceptable morally?  In the Philippines’ context as a Catholic country or Christian country, we have answered that killing is not accepted but punishment yes. It is against the law of God, the Ten Commandments, particularly the fifth commandment. In the context Absolutism morality, the stand of the Catholic Church is classified as absolutism. The absolutist argues that no matter what the consequences might be, killing is still bad. Many religions have absolutism moral positions, and regard such system of morality as having been set by a deity, and therefore absolute, perfect and unchangeable. The Catholic Church bases its teaching on the bible and the bible is seen as the Words of God. What the bible declares as immoral, and then it cannot teach otherwise except to follow and live such teaching in life. Further, in determining morality of certain act, the Catholic Church pointed out sources of morality and they are the object chosen, the intention and actual consequence (CCC, 1750). In other words, an act is moral if the object chosen is good, the intention is good and actual consequence is good. Though the intention is good but if the means or the object used to carry out such intention is bad, then it is still immoral. Killing as the means to carry out good intention is not accepted, it is still immoral. In the Ten Commandment, killing is already forbidden, and then naturally it is immoral for those who belong to this religion.  The absolutists believe that there are absolute standards against which certain act can be judged, and that certain actions are right or wrong, regardless of the context of the act. Thus, actions are inherently moral or immoral, regardless of the consequence of the act.  

Absolutism is developed by Immanuel Kant particularly his teaching on categorical imperative. According to Immanuel Kant, it is imperative that every rational agent has to follow and cannot do otherwise. The morality of an act does not depend on the motive or the end. “Thou shalt not steal”, “Thou should not kill” are examples of categorical imperative. This is an order and violate this order is immoral. It is our moral duty to follow the order. For Kant there was only one categorical imperative, which he formulated in various ways. “Act only according to that maxim by which you can at the same time will that it should become a universal law”. Another formula can be said in this way: “So act as to treat humanity, whether in your own person or in another, always as an end, and never as only a means.” (Encyclopedia Britannica, 2016).

What does Kant mean by his categorical imperative based on such two statements above? It just means that certain act is moral if the person allows other people everywhere to do the same under the same situation. Example, I was hungry along the way going to my farm and I saw a store along the road selling bread. The owner was not there and I have no money. What should I do? If I do not steal the bread, I will die, and so I stole the bread because I want to live. The question is: will you allow other people everywhere to steal when they are hungry? Will you allow other people to steal your bread when they are hungry? Next, imagine the whole world are stealing when they are hungry, what would happen? If the answer of those questions is NO, then it is imperative that you should not steal. The same case is with the second categorical imperative which is “to treat others as an end and never as only a means”. The rationale behind the idea is the idea that all persons are subject, not objects and have dignity and never treats them as objects. We ourselves do not want to be treated as objects but we want to be treated as human persons as the golden rule says: ““Do unto others as you would have them do unto you” (Internet Encyclopedia of Philosophy, 2016).

According to those who are against the idea argue that for morals to be truly absolute they would have to have a universally unquestioned source, interpretation and authority, which critics claim, is impossibility. The absolutist would argue that the source of their morality is unquestionable because it is coming from God which is in the bible and Kant would also argue that the source of morality is human reason, that every rational agent is capable of knowing the good and the bad.  Based on their argument, they would argue that killing and stealing are undoubtedly accepted as immoral by all rational agents out there. All rational agents would argue that killing is inherently bad in itself. Since it is inherently bad, there is other justification that can justify killing to be good. The absolutists would defend that morals are inherent in the laws of the universe, the nature of humanity as rational being, the will of God or some other fundamental source. Moral Absolutism has been favoured historically largely because it makes the creation of laws and the upholding of the judicial system much simpler, and manifested itself in outdated concepts such as the Divine Right of Kings.

The idea of human right is originated from the idea of absolutism.  Human rights have developed over time and the right of citizens have become of the world’s debate. Since it is already a world issue, the United Nations has instituted a human right commission and many nations from around the globe have approved such commission and become member. Nations have signed the declarations written about the basic rights and committed to be guided by it. Rights have existed through the history of man. One development of the concept of the citizen’s right and democracies came after the debate of the monarchy’s absolute power over a single nation. This absolute power is known as absolutism. After the debate of the king’s power, revolution occurred and gave rise to democracies like the United States. These democracies granted right to the individual citizens and political power, after the rejection of the divine rights of kings. However, these rights were limited and the population were not given the absolute freedom. With the promotion of democracies around the globe, rights now have become a global issue. Since then, many nations around the globe have given attention to the human rights as part of their commitment and those nations have established their own Commission on Human Rights (CHR). Democratic countries have made human right as part of the government concern (Sommerville Commission on Human Rights, n.d). The Philippines is one of the democratic countries in the world and thus it has a commission on human rights.  

The stories of human rights continue. When the monarchies formed in Europe, after the fall of Roman Empire, there came philosophy called divine rights and absolutism. The form of its government is similar to dictatorship. Such kind of government did not sit well with the people and consequently the people rebelled against it and such rebellion produced a way of thinking. This new way of thinking produced a new kind of government and democracies which granted individual freedom and right to individual citizens. There are already proclaimed inalienable rights of man which is called basic rights and these rights are attached to the human person. These rights are not given by the constitution or by the society but it is inherently part of the human person (Kamenka, Vii. I).


 Using the absolutism view and the concept of democratic country such as the Philippines to evaluate the morality of killing drug lords, pushers and users becomes simpler. Killing is bad and no justification can make it moral. Killing violates the human rights, the right to live and against the very basic moral principle to love one another as you love yourself. Using the categorical imperative of Immanuel Kant, still killing is bad. The question to be raised if we want to accept that killing is moral: do you want that other countries do the same? Next, do you want to be killed if you are a user or pusher or drug lord? Imagine a situation that the whole world is pushers and users; do you want to kill them all? If your answer is no, then those are indications that you should not kill.



Consequentialism

We have been observing that not all people are against the killing of the drug lords, pushers and users. Quiet many of them favor the government’s method of war against the drug users, pushers and drug lords. They have a practical reason in mind that drug addicts are causing insecurity in the streets and at the end; people are no longer free to roam around at night time, thus limiting their freedom.  For business minded persons, they favor the method of the government because business needs security, peace and order. When the security, peace and order are restored, business can flourish and it may attract more investments. When the business or economy is growing, then the employment is guaranteed, purchasing power improve, the life of people become better. The consequentialists would argue that there will be positive outcome as a result of killing; it will bring prosperity to the community or the country.

Consequentialist argues that morality is all about producing the right kinds of overall consequences (Internet Encyclopedia of Philosophy, 2016) “Overall consequences” of an action means everything the action brings about, including the action itself. The idea behind consequentialism morality is that the output of morality is to create a happy community/society, relieve suffering, restore freedom, and promote survival of the species. Thus, if this is the idea of their morality, then we can understand why some people are welcoming killing. The consequentialists would not understand the point of absolutism because they could not understand the reason why we should be moral, why we should respect human rights, why we should obey the Ten Commandments, why we should love one another. For them morality is not just for the sake of morality, of being good all the time, but why we should be good. The consequentialists would not oppose to the due process but they would raise question if those rules will bring the necessary positive outcome.

Rule consequentialists would argue that moral behavior involves following certain rules, but that those rules should be chosen based on the consequences that those rules have. They  hold the idea that a certain set of minimal rules are necessary to ensure appropriate actions, while some hold that the rules are not absolute and may be violated if strict adherence to the rule would lead to much more undesirable consequences (The Basic of Philosophy, 2016). Based on what is going on every day, the government seems to adopt the consequentialism morality which is opposed by those who are holding on the teaching of their religion which is absolutism.

Conclusion

After presenting the view of morality based on religion, absolutism and consequentialism, now we realize that these are the reasons behind why some people accept the method of the government solving drug problems and why many people rejects the method. Unless we reconcile the view of morality that we are holding, then the society continues to be polarized or divided. This is one of the dilemmas that the government is facing. The government is torn between killing and punishment. Those who are holding absolutism morality prefer punishment and those who are holding consequentialism morality prefer killing. According to them, punishment seems to bring slow output but may not be able to eradicate drug problem but killing seems to bring immediate result and output. However, the absolutists would argue that killing drug lords, pushers and users has never been a guarantee to security, peace and economic prosperity. What stand will the government uphold? Following the Catholic Church or the Absolutists or following the consequentialists? It is a dilemma on the part of the government.          
References

1. Countrymeters. 2016. Philippines Population. http://countrymeters.info/en/Philippinesdrug

2. DARA Thailand. 2016. Alcohol or Drug Problem. http://alcoholrehab.com/

3. Encyclopedia Britanica. 2016. Categorical Imperative. https://www.britannica.com/topic/categorical-imperative

4. Gateway Foundation. 2011. Effects of Drug Abuse and Addiction. http://recovergateway.org/substance-abuse-resources/drug-addiction-effects/

5. Gavilian, Jodesz. 2016. DDB: Philippines has 1.8 Million Current Drug Users. http://www.rappler.com/nation/146654-drug-use-survey-results-dangerous-drugs-board-philippines-2015

6. Kamenka, Eugene. 1985. Human Rights, Peoples’ Rights. http://heinonline.org/HOL/LandingPage?handle=hein.journals/ajlph9&div=17&id=&page=

7. Internet Encyclopedia of Philosophy. 2016. The Golden Rule. http://www.iep.utm.edu/goldrule/

8. National Drug Intelligence Center, US Department of Justice. https://www.justice.gov/archive/ndic/pubs21/21137/21137p.pdf

9. Pew Research Center. 2012. Asian-Americans: A Mosaic of faith. http://www.pewforum.org/2012/07/19/asian-americans-a-mosaic-of-faiths-overview/

10. Philippines Daily Inquirer. 2011.   Philippines still top Christian country in Asia, 5th in world

11. Philippine Drug Enforcement Agency or PDEA .2016. Drug Trends. http://pdea.gov.ph/

12. Sommerville Commission on Human Rights. 2016. Human Rights. http://www.somervillema.gov/departments/health/somerville-commissions/hrc

13. The Basic of Philosophy. 2016. Consequentialism Ethics. http://www.philosophybasics.com/branch_consequentialism.html

14. The Catechism of the Catholic Church. 1994. The Ten Commandments. ECCCE, World & Life Publication: Manila

      



             

1 comment:

Building a fair Hiring process: Overcoming political challenges

  BLESSIE JANE PAZ B. ANTONIO JANICE D. RASAY Divine Word College of Laoag, Ilocos Norte, Philippines Abstract The hiring process and pr...