quittin' smoking

[Jeremy David]

On 3/14/06, Chris Rapier <rapier1 at gmail.com> wrote:
> > But really, even bringing up the public/private issue is moot. We have
> > laws that protect us from the harmful actions of another party that
> > are applicable in any space, either public or private. I'm not allowed
> > to punch you, even if its its at my house on my private property.
>
> So I shouldn't be allowed to smoke in my house?

Of course you should. Different rules should apply to different things
as appropriate. You can't take my analogy, or any anaology, as
perfect.

> > This allows the government
> > to be consistent in its application of law and say that punching is
> > dangerous and therefore not allowed, unless of course it's done in a
> > particular place in a particular way.
> > Smoking should be the same way.
>
> Which explains the smoking bans that are already in place. Moreover,
> the argument that 'your rights end at the tip of my nose' is not as
> strong as you might think it is. The legal tradition accepts that
> certain risks are unavoidable yet allowable even if they lead to the
> injury and even death of other people.

Sure, but you would have a hard time convincing me or anyone that the
risks caused by a luxury hobby such as smoking tobacco are exactly
"unavoidable."