There is an obnoxious pro smoking stance among conservatives and libertarians. It is a perfect illustration of the fatal flaws of libertarianism. Pro smoking positions, and libertarianism broadly, miss two truths that are obvious if one can take off the ideological blinders.
1: Free consent isn’t always present when you think it is, and it’s often impossible to verify
2: There is no such thing as a choice that affects just one individual
At the age of three, I all but watched my grandmother, with whom I lived, die of strangulation by a lung cancer tumor. She was 53 and had been a compulsive smoker since her teenage years.
My mother tells stories about how her mother could not even reduce her cigarette smoking to one per hour during pregnancy but would cut each cigarette into four pieces and smoke one every 15 minutes. That does not sound like the freely consenting decision of a responsible adult.
What almost certainly killed her was her foolish decision to invite other smokers to smoke in her office when her office building went smoke free in the late 80s, and her inhalation of the concentrated second hand smoke. Again, it is not the smoker’s habit per se but the smoke that gets breathed in by others near the smoker that causes the real problems.
This matches the diagnosis given to my father-in-law. He was diagnosed with lung cancer when my wife was a senior in High School. He was 60. The doctors told him it wasn’t the smoke from his own cigarettes but the unfiltered second hand smoke inhaled when smoking indoors (especially with others) that led to the cancer.
While my high school graduation was marked by an empowering sense of freedom and a round of parties, my wife’s was marked by fear, guilt over her father postponing his tumor operation until after her graduation, the sight of her father in a wheelchair for months, and the horror of a follow-on stroke that left his right arm paralyzed for the rest of his life.
He died at age 71 of pneumonia, almost certainly made fatal because part of a lung was removed in the cancer surgery 11 years before. His death was the day before my fifth wedding anniversary. My wife was 29. Our eldest child was 4, our second child was 2.
While statism and fascism create tyrants from the top down, libertarianism creates tyrants from the ground up. A cynical mind such as my own concludes that my grandmother and father-in-law demanded that their families march to the beat of their smoking habit for decades, tolerating no dissent when innocent children dared to push back. This included the waste of money, personal health hazards to the rest of the family of breathing the second hand smoke, the unpleasant smell that lingered on children in school and spouses in offices, and of course the horror of losing a parent in one’s 20s and having to provide intense medical care (to say nothing of the expense) that was all avoidable.
Even if one is a staunch libertarian, smoking cannot be a right because no one has a right to impose those things on others who do not consent to them. But even if my relatives were hermetically sealed and the physical inhalation of the smoke affected only themselves, the libertarian argument still fails. Their deaths alone harmed dozens of lives for decades.
Moreover, how do we know the behavior was consensual? Smoking is addictive by design, and many who wish to quit struggle to do so for years. It is impossible to declare smoking acceptable on the basis that it’s a consenting decision by an adult, because often it’s not.
So what to do? Naturally, a blanket ban on tobacco smoking would not work. Nevertheless, communities (to wit: families, churches, neighborhoods) should apply creative social pressure to adults with an addictive tobacco habit, particularly those with a family. And yes, there is a role for government in preventing the sale and manufacture of knowingly addictive, fatal products whether through banning certain ingredients or holding those who sell them personally liable for their costs to society.
This is true, not just of smoking, but of all human activity.
Consent is often hard to assess, whether one is talking about sexual activity or even economic activity. Did you really make a freely consenting decision to take on that 22% interest credit card debt, considering your recent job loss, family of upbringing, the psychological hacks vendors used to get you to spend money, and the surrounding peer pressure of consumerism?
Even if you did, consent doesn’t morph a usurious contract from bad to good.
And so it goes for the unbounded consequences of economic acts. Buying something is not just a transaction between two private individuals. It sends a market signal and supports production of a certain type of product, reinforces a certain type of business model, provides funding to a certain type of company with certain values. It also takes family resources that could have gone elsewhere. That doesn’t mean it is automatically subject to centralized regulation by a remote bureaucrat. But it does mean that it can’t automatically be judged as good.
Sin is not a right or the private affair of an individual but an addiction to be cured through the sacraments, prayer, and acts of mortification. All of those cures have a social element as well as a personal element because people exist in real communities and are not isolated entities wandering about in space.
If we’re going to make genuine progress as a society, conservatives need to stop turning their brains off when it comes to outwardly consensual actions and start actively assessing the quality of those actions and how organic communities can push their people to improve them over time.
To which end, I suggest a quick read of Elizabeth Anscombe’s brilliant Modern Moral Philosophy.


