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
The police power, then, is properly concerned only with crimes and
trespasses. It cannot rightfully invade the realm of ethics, as such.
Crime is theoretically a direct injury to the public, and trespass,
a direct injury to the individual. A vice, on the contrary, is the
inordinate gratification of one’s desires and passions. The primary
damage is to one’s self. In contemplating the nature of a vice, we
are not conscious of a trespass on the rights of others. Vice does
not fall within the police power. Expressed in the language of Mr.
Tiedeman, “the object of police power, is the prevention of crime--the
protection of rights against the assaults of others. The police power
of the government cannot properly be brought into operation for the
purpose of exacting obedience to the rules of morality, and banishing
vice and sin from the world. The moral laws can exact obedience only in
_foro conscientiæ_. The municipal law has only to do with trespasses.
It cannot be called into play in order to save one from the evil
consequences of his own vices, for the violation of a right, by the
action of another, must exist or be threatened, in order to justify the
interference of law.”
The people of this country are generally convinced of this truth. So
widespread is the conviction that, where a law “does not have for its
object the prevention or punishment of a trespass upon rights, it is
impossible to obtain for it an enthusiastic and unanimous support.”
Besides, it is true of every community, when “public opinion is aroused
to an activity that will enforce a law for the prevention of vice, the
moral force alone will be ample to suppress it.” But it is sometimes
urged that an otherwise ineffectual statute may serve to direct public
opinion in the right direction. To this I reply that one unerring truth
is taught by the history of legislation: “It is the utter futility, in
a corrective sense, of a law whose enactment is not the unavoidable
resultant of the forces then in play in organized society. Nothing so
weakens the reverence for law, and diminishes its effectiveness, as
still-born statutes.”
Public-domain text, read in full here on John Shaqi.
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