美国大麻政策研究
发布时间：2018-12-11 08:49
【摘要】：随着社会史研究的勃兴与国内毒品问题的日趋严重,综合地运用历史学、政治学、法学、医学、社会学的方法研究美国毒品问题和政策显得尤为重要。论文选取美国大麻政策为个案,将其置于国家与社会、宪政机制、国际视域和美国毒品政策的整体变迁四个层面给予多面相的考察,历史地“深描”政策的起源、演进和特征。 美国大麻经历了3个多世纪的合法化时代之后,20世纪初,美国西南部地区出于对大麻的恐惧,率先出台了地方性的管制大麻的立法,进而鼓动联邦政府采取相应的行动。大麻的形象日渐被“妖魔化”,大麻问题亦山区域性问题上升为“全国性的威胁”。出于应对危机的需要,以联邦麻醉品局为首的联邦机构敦促国会颁布了《1937年大麻税法》,标志着大麻管制“联邦化”的形成。第二次世界大战时期,出于“大麻为了胜利”的考虑,联邦政府动员公众种植大麻,生产纤维,然而这种鼓励政策是与联邦麻醉品局严密的管理政策紧密结合的。随着战争的结束,联邦麻醉品局和其同盟者最终把工业大麻和医用大麻“去合法化”。联邦麻醉品局的管制权限得到了进一步的扩张,大麻管制升级为“完全禁止”。战后初期,联邦麻醉品局和其同盟者变换策略,将毒品政策、冷战与本土主义相结合,大麻政策随着麻醉品管制的强化而强化,滋生出大麻政策的“极端化”。 然而,物极必反。60年代初,“安斯林格时代”的终结为政策的调整提供了良机,而大麻使用者的日渐“资产阶级化”更为政策的弱化添加了催化剂,改革大麻政策势在必行。而福特政府提出的“去重视”政策和卡特政府公开宣称的“去刑罚化”政策,则进一步开创了大麻政策史上的“容忍年代”。可是,政策的弱化并不是解决大麻问题的良方,反而令问题进一步恶化,要求强化管制的家长运动随之兴起,加之联邦权力的更迭,这些力量的复合把美国社会带入了一个新保守时期,大麻政策由弱化转向强化,是为“新惩治时代”。 研究发现,美国大麻政策的变迁与管制理念的转换是诸多因素“合力”的作用,既包括国家与社会的互动、宪政机制内行为体的相互博弈与妥协,还包括国内与国际政策的交互作用。
[Abstract]:With the development of the study of social history and the increasingly serious domestic drug problem, it is very important to study the drug problem and policy in the United States by using the methods of history, politics, law, medicine and sociology. This paper selects American cannabis policy as a case study, puts it at four levels of state and society, constitutional mechanism, international perspective and the overall change of American drug policy to give a multi-faceted investigation, and describes the origin, evolution and characteristics of the policy in history. After more than three centuries of legalization, in the early 20th century, the southwestern part of the United States, out of fear of cannabis, first introduced local legislation to regulate cannabis, and then encouraged the federal government to take corresponding action. The image of cannabis has been demonized, and the problem of cannabis has become a national threat. In response to the crisis, federal agencies led by the Federal Narcotics Office urged Congress to enact the 1937 marijuana tax Act, marking the formation of "federalization" of cannabis control. During World War II, the federal government mobilized the public to grow cannabis and produce fiber for the sake of "cannabis for victory," but this incentive policy was closely linked to the Federal Narcotics Office's tight regulatory policy. With the end of the war, the Federal Narcotics Office and its allies eventually decriminalized industrial and medical marijuana. The authority of the Federal Narcotics Office has been further expanded, and cannabis control has been upgraded to a "total ban." In the early postwar period, the Federal Narcotics Bureau and its allies changed tactics, combining drug policy, cold war and nativism. With the intensification of drug control, cannabis policy intensified and led to the "extreme" of cannabis policy. However, in the early 1960s, the end of the "An-Slinger era" provided a good opportunity for the policy adjustment, and the increasing "bourgeoisie" of cannabis users added a catalyst to the weakening of policy, so it is imperative to reform the cannabis policy. The policy of "paying attention to" put forward by Ford government and the policy of "decriminalization" declared publicly by Carter administration further opened up the "era of tolerance" in the history of cannabis policy. However, the weakening of policy is not a good solution to the problem of cannabis, but to make the problem worse, and the emergence of a movement of parents who want to strengthen regulation, coupled with the change of federal power. The combination of these forces brought American society into a new conservative period, and the cannabis policy changed from weakening to strengthening for the "new punishment era". It is found that the change of American cannabis policy and the transformation of the concept of regulation are the functions of many factors, including the interaction between the state and society, the mutual game and compromise among the actors in the constitutional mechanism. It also includes the interaction of domestic and international policies.
【学位授予单位】：复旦大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：K712.5
本文编号：2372258
[Abstract]:With the development of the study of social history and the increasingly serious domestic drug problem, it is very important to study the drug problem and policy in the United States by using the methods of history, politics, law, medicine and sociology. This paper selects American cannabis policy as a case study, puts it at four levels of state and society, constitutional mechanism, international perspective and the overall change of American drug policy to give a multi-faceted investigation, and describes the origin, evolution and characteristics of the policy in history. After more than three centuries of legalization, in the early 20th century, the southwestern part of the United States, out of fear of cannabis, first introduced local legislation to regulate cannabis, and then encouraged the federal government to take corresponding action. The image of cannabis has been demonized, and the problem of cannabis has become a national threat. In response to the crisis, federal agencies led by the Federal Narcotics Office urged Congress to enact the 1937 marijuana tax Act, marking the formation of "federalization" of cannabis control. During World War II, the federal government mobilized the public to grow cannabis and produce fiber for the sake of "cannabis for victory," but this incentive policy was closely linked to the Federal Narcotics Office's tight regulatory policy. With the end of the war, the Federal Narcotics Office and its allies eventually decriminalized industrial and medical marijuana. The authority of the Federal Narcotics Office has been further expanded, and cannabis control has been upgraded to a "total ban." In the early postwar period, the Federal Narcotics Bureau and its allies changed tactics, combining drug policy, cold war and nativism. With the intensification of drug control, cannabis policy intensified and led to the "extreme" of cannabis policy. However, in the early 1960s, the end of the "An-Slinger era" provided a good opportunity for the policy adjustment, and the increasing "bourgeoisie" of cannabis users added a catalyst to the weakening of policy, so it is imperative to reform the cannabis policy. The policy of "paying attention to" put forward by Ford government and the policy of "decriminalization" declared publicly by Carter administration further opened up the "era of tolerance" in the history of cannabis policy. However, the weakening of policy is not a good solution to the problem of cannabis, but to make the problem worse, and the emergence of a movement of parents who want to strengthen regulation, coupled with the change of federal power. The combination of these forces brought American society into a new conservative period, and the cannabis policy changed from weakening to strengthening for the "new punishment era". It is found that the change of American cannabis policy and the transformation of the concept of regulation are the functions of many factors, including the interaction between the state and society, the mutual game and compromise among the actors in the constitutional mechanism. It also includes the interaction of domestic and international policies.
【学位授予单位】：复旦大学
【学位级别】：博士
【学位授予年份】：2005
【分类号】：K712.5
【引证文献】
相关博士学位论文 前2条
1 陈新锦;早期美国毒品控制模式研究[D];福建师范大学;2011年
2 李世清;毒品犯罪的刑罚问题研究[D];吉林大学;2007年
，本文编号：2372258
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