Gambling; or, Fortuna, her temple and shrine.: The true philosophy and ethics of gamblingRomain, James Harold
Philosophy
Gambling; or, Fortuna, her temple and shrine.: The true philosophy and ethics of gambling
Romain, James Harold
Gambling
Hon. James McGinnis, of the St. Louis bar, several years ago, gave
the prohibitory legislation of the whole country (and its practical
workings) an exhaustive consideration in all aspects. The results of
his study, published to the world, revealed the same condition of
affairs in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island,
Connecticut, New York, Delaware, Maryland, Ohio, Indiana, Nebraska,
Iowa, and Kansas. On every hand, past and present, he “beheld the
impracticability of prohibition.” “I now appeal,” he says, “to the
fair-minded reader to give his thoughtful attention to the facts and
figures which I have truly and fairly presented, to show that neither
crime, pauperism, intemperance, nor any of the ills which are popularly
supposed to grow out of intemperance, have been at all lessened by
prohibition.”
The political economists are practically unanimous in their
reprobation of these laws. Adam Smith vigorously protests against
their impertinence and presumption. Of sumptuary laws it has been said
their enforcement is exceedingly difficult, as it is always harder
to superintend consumption than production. “The latter is conducted
in definite localities. The former is carried on in the secrecy of a
thousand homes. Besides, such laws have very often the effect to make
forbidden fruit all the sweeter.” Spite of the penalties attached to
their violation, and of redoubled measures of control, government
after government have been compelled to admit their failure in this
direction. Laws of this nature always involve an abridgement of
individual “liberty,” and of the natural right of every man to do what
he “will” with his own. They involve the assumption, also, that a
government, with the exercise of paternal authority can judge better
than the citizen what will best subserve his or her welfare, in the
use of what they have. “But such action belongs more properly to the
spiritual than to the temporal power. In ancient life, where there
was a confusion of the two powers in the state system, sumptuary
legislation was more natural than in the modern world, where those
powers have been generally, though imperfectly, separated.”
“I have learned to doubt,” wrote Dr. Dio Lewis, “whether law is very
potent in the cure of moral evil. Force is a good agency in breaking
rocks and subduing wild beasts; but in curing immorality, in which
we strive to regulate the action and reaction of the faculties and
passions of the human soul, force is about as well adapted to our
purpose as a sledge-hammer to regulating a watch. Some people seem to
have the impression that society is restrained from evil by law; that
our wives and daughters are virtuous because there is a law against
prostitution; that our exemplary citizens refrain from profanity and
excess in gaming and drinking because they are forbidden by law; that
somehow society is kept in order by law.
Public-domain text, read in full here on John Shaqi.
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