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
Of this class of men Dr. Lewis well said: “They consider themselves
born to control other men. They are ever inquiring, ‘What ought this
man to do?’ and if that man refuses to do it, ‘How can we compel him?’
They proceed thus: ‘Resolved, That the righteous should govern the
world. Resolved, That we are the righteous.’”
In what language can I fitly designate a principle of action so
impertinent and presumptious? Who can deny the moral “liberty” of his
fellow creature, as an abstract proposition? Is not the moral equality,
or independence of man one of his essential rights? Neither one, nor
any number of persons, is warranted in saying to another of mature
years, what the latter shall, or shall not do with his life for his
own benefit. “He is most deeply interested in his own well-being; the
interest which another person can have in it is trifling, compared with
that which he himself has.” It is time for society to distinguish,
sharply, between the province of morality and that of legislation.
With the same end in view, perhaps, yet they should differ widely in
extent. Admit that morals and the law have the same center, they have
not the same circumference. There may be a moral guide to the conduct
of an individual, through all the details of life, through all the
relationships of society; but legislation cannot be this, and if it
could, it ought not to exercise a continued and direct interference
with the conduct of men. There are many acts useful to the community
which the legislator ought never to command; so are there many hurtful
acts, which he ought not to forbid. There is certainly a broad
distinction between moral and legal rights. For instance, “a man has
no moral right to hate his wife, but he has a perfect legal right to
hate her. A man has no moral right to foreclose a mortgage on a sick
widow’s home, and turn her and her children out in the snow, but he
has a perfect legal right to do it. A man has no moral right to make a
glutton of himself, destroy his usefulness, and thus throw his wife and
children on the town, but he has a perfect legal right to do it.” A man
has no moral right to drink rum, but he has a perfect legal right to do
so. What actions, then, may be legally punished as offenses? “What a
question,” I hear some one exclaim; “are not all men agreed upon it? Do
you ask us to prove an acknowledged truth.” I answer in words of the
great Jeremy Bentham: “Be it so. But on what is founded that agreement?
Demand of each his reasons. You will find a strange diversity of
interest and principles. You will find it not only among the people,
but among philosophers.... The agreement which you see is founded only
on prejudices; and these prejudices vary, according to the times and
places, according to opinions and customs.... People have always said
that such an action is an offense. Such is the guide of the multitude,
and even of the legislator. But if usage has made innocent actions
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