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
In its proper sense, individual liberty is a development of the
Anglo-Saxon institutions. This doctrine is fundamental to the English
Constitution. The principle is cardinal and vital in the American
system of government. Individual rights are protected by constitutional
restrictions upon power, federal and state. In the United States, every
individual is a king. This accords with the so-called _laissez-faire_
doctrine, of modern development in England and the United States,
which confines the sphere of government within the narrowest limits,
and denies to it the power to do more than provide for public order
and personal security, by the prevention and punishment of crimes and
trespasses. Under the influence of this wholesome principle, with us
and in Great Britain, for one hundred years, the encroachments of
government upon the rights and liberties of the individual have been
comparatively few.
In other words, it has been generally admitted by the wisest and
broadest statesmanship, that private rights and personal liberty do
not exist by the permission of municipal law. They are natural and
founded upon the law of reason; that, therefore, governmental restraint
should “only go to the limit necessary to a uniform and reasonable
conservation of private rights.” Municipal law protects and develops,
rather than creates private rights and personal liberty.
In the United States this “limit” has been generally fixed at the
power to enforce the common and civil law maxim, “_sic utere tuo, ut
alieum non lædas_.” The “police power,” it is called, and extends, in
its broadest sense, to the preservation of peace and good order to the
protection of property rights, “and of the lives, limbs, health and
comfort of all persons.” Any law which goes beyond this, in the United
States, at least, and undertakes to abolish rights, the exercise of
which do not infringe upon the rights of others; or limits the exercise
of rights beyond what is necessary for the public welfare and general
security, is not properly within the police power.
Public-domain text, read in full here on John Shaqi.
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