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Essential reading…Vices Are Not Crimes: A Vindication of Moral Liberty (1875) by American individualist anarchist Lysander Spooner is a foundational libertarian essay arguing that the state has no authority to criminalize behaviors that do not harm others, regardless of their perceived immorality. Written largely in opposition to alcohol prohibition efforts, the book provides a clear distinction between "vices"—actions that damage oneself—and "crimes"—actions that violate the person or property of another.

Online Library of Liberty

Spooner defines vices as errors in the pursuit of happiness, including actions such as gluttony, gambling, drunkenness, and sexual "immorality". He posits that every individual is the absolute owner of their own person and property and has the right to decide how to use them, including the right to engage in self-destructive or "vicious" behavior. Because vices are inherently voluntary, victimless acts that lack the intent to injure another person, they do not satisfy the essential legal definition of a crime.

Foundation for Economic Education

Spooner argues that the "crimes" that the law should punish are strictly those that infringe upon the rights of others. Vices, he argues, are matters of private morality, not public law. He emphasizes that a man is under no obligation to take anyone else’s authority on matters of his own self-management, as no one else has the same interest in his life and happiness as he does.

Online Library of Liberty

A major theme of the book is that prohibiting vice is an attempt to enforce virtue, which is a futile and dangerous undertaking by the state. Spooner contends that declaring a vice to be a crime is a violation of natural law and human liberty. He argues that coercive laws do not make people virtuous; rather, they foster ignorance, inhibit the development of moral judgment, and perpetuate superstition. He also challenges the "vice crimes" arguments, stating that selling or facilitating a "vice" (like alcohol) does not make someone a criminal, because the act itself is not a crime.

Mises Institute

Spooner further argues that the greatest crimes in history have been committed by governments, not by individuals indulging in vices. He argues that lawmakers often use the concept of "vice" as a pretense for seizing arbitrary power, violating property rights, and restricting individual liberty.

Amazon.com

Vices Are Not Crimes is a staunch defense of personal liberty, arguing that morality must be voluntary and that the law must only be concerned with preventing malice against others, not punishing "errors in judgment". He asserts that individuals have the right to ruin themselves if they choose, and that moral improvement must come from education, not from the police and courts.