<p>This has been an interesting discussion. I am curious, though, about the rationale for those who would draw the proverbial line in the sand about underage drinking, in all circumstances, based on “the law”.</p>
<p>Not all laws are “created equal”. There are some laws that are rooted in the need to maintain the fabric of our society and without which a society will disintegrate into chaos. Laws against murder and theft are the most obvious. There are some laws that regulate the structure and order of our society and govern how we will conduct our affairs with each other. Laws concerning contracts and transactions between members of our society are obvious examples of those. Laws that fall within these categories command the highest level of adherence and enforcement because if disregarded the ability of our society to function is put at risk.</p>
<p>Then there are a whole bunch of other laws. There are laws that are based on an articulation (whether accurate or not) of the mores of society and may reflect societal values or simply the values of a subgroup that has the political power to have the laws passed even though the underlying values are not shared by everyone in the society (and at times not even by the majority). Laws in this category are often fluid and often fall into disuse and non-enforcement or are repealed outright as societal perceptions or political realities change. The Sunday Blue Laws and Prohibition are examples of this.</p>
<p>Then you also have “status” based laws where conduct is prohibited or permitted differentially based on some identifiable “marker” that places an individual in one group or another. The regulated conduct is ok for some but not for others based on some identifiable characteristic. Age based laws such as those establishing minimum ages for driving and drinking fall into this category. Sometimes these laws are rationally supported by objective data (such as minimum age to obtain a license) and sometimes the law also reflects an articulation of “values” whether overtly stated or not and whether reflective of our society or just a politically influential subgroup. Laws establishing minimum drinking ages are of the latter.</p>
<p>So the question I have for those who state that allowing someone under 21 to have a drink is wrong, is it wrong because you believe the objective data establishes that such puts the “young” person at risk to their health and well being, is it wrong because you subscribe to the values that it is immoral or is it wrong because the law is the law and everyone is obligated to adhere to the law?</p>
<p>If it’s the first (objective data/health), there is a large area of dispute. The data doesn’t support that simply because a kid is under 21 the kid is at risk from consuming alcohol. It depends on a kid’s physical and emotional developmental age, the circumstances under which it occurs and the degree of parental supervision.</p>
<p>If it’s the second (“values”), then you are on the real slippery slope of imposing your personal values and notions of good parenting on others. It is presumptuous to do so; a parent who concludes that it is appropriate for a variety of reasons to permit a kid under 21 to have a drink in the privacy of their home during a family function, holiday, celebration or dinner is no less worthy or responsible a parent than those who believe otherwise.</p>
<p>If it’s the third (“the law is the law”), that is the least worthy rationale to justify adherence to any law let alone “status” based laws. It is not the “black letter of the law” that warrants our respect and adherence but the underlying societal purpose for the law. Our history is filled with “status” based and other laws that were repugnant and ultimately were recognized as such and eliminated. Even today there are laws on the books that no one in their right mind would seek to enforce. How about laws prohibiting various sexual practices. Should those individuals who enjoy those practices be branded as criminals or refrain from the sexual practices simply because the law says those acts are illegal. Should our government be looking into our bedroom windows? Of course not, no more so than a parent who concludes in the exercise of sound parental judgement that it is appropriate to allow their own “underage” kid to have a drink in the privacy of the parent’s home should be criminalized.</p>
<p>If you want to use the existence of age based legal restrictions as a tool to justify taking a values based position on alcohol with your own kid, that’s fine. I used the “Jr License” restrictions in my state as a tool to help enforce an 11pm curfew. But don’t suggest that the failure to “follow the law” in all cases represents a risk of decay to our society or the moral fabric of another parent’s kid.</p>