JOURNAL OF LAW AND SOCIETY VOLUME 43, NUMBER 3, SEPTEMBER 2016 ISSN: 0263-323X, pp. 393±415 Inventing Drugs: A Genealogy of a Regulatory Concept Toby Seddon* The trade in, and consumption of, illicit drugs is perhaps the arche- typal `wicked problem' of our time ± complex, globalized, and seemingly intractable ± and presents us with one of the very hardest legal and policy challenges of the twenty-first century. The central concept of a `drug' remains under-theorized and largely neglected by critical socio-legal and criminological scholars. Drawing on a range of primary archival material and secondary sources, this article sets out a genealogy of the concept, assembled a little over a century ago out of diverse lines of development. It is argued that the drug label is an invented legal-regulatory construct closely bound up with the global drug prohibition system. Many contemporary features of the `war on drugs' bear traces of this genealogy, notably how drug law enforcement often contributes to racial and social injustice. To move beyond prohibition, radical law and policy reform may require us to abandon the drug concept entirely. We face a transnational threat of extraordinary proportions that amounts to US$320 billion or some 0.5 per cent of global GDP. A threat that, every year, kills around 250,000 people across the globe, while destroying the lives of families and weakening community ties. A threat that jeopardises good governance and the rule of law, and encourages crime and corruption. A threat that feeds violence, fuels terrorism and undermines stability and security of * School of Law, University of Manchester, Oxford Road, Manchester M13 9PL, England
[email protected] Thanks to Philip Burton, Philippa Carrington, and Nishat Hyder for assistance with some of the archival research.