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Books > Law > Jurisprudence & general issues > Law & society
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Permit But Discourage - Regulating Excessive Consumption (Hardcover)
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Permit But Discourage - Regulating Excessive Consumption (Hardcover)
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Permit But Discourage: Regulating Excessive Consumption, by W.A.
Bogart is the first book to focus on problem gambling and its
regulation and to situate this analysis in the larger context of
regulating excessive consumption. This work analyzes the
effectiveness of law in controlling excessive consumption. It
engages theoretical discussions concerning the effectiveness of
legal intervention, especially regarding "normativity", the
relationship between law and norms. It also argues that various
forms of over consumption (alcohol, smoking, non-nutritious eating)
can be more effectively controlled by altering norms regarding them
so that such excesses can be suppressed to a greater extent.
Regulatory efforts are aimed not at forbidding consumption but at
suppressing excessive aspects. In the case of tobacco this means
zero consumption since there is no safe level of smoking. In
contrast, in terms of alcohol, this means encouraging consumption
of only moderate amounts. Addictive drugs are, generally,
prohibited, and their use is criminalized. But there is a
significant measure of public opinion that prohibition does more
harm than good; that permit but discourage would produce better
results. The battle against obesity, a contested concept, focuses
on encouraging eating nutritious foods and being physically active.
The book then focuses on one form of consumption that is associated
with major social issues: problem gambling. Regulation, to date,
has been mostly on ensuring honesty regarding the various games and
in promoting revenue enhancement for owners (often governments).
However, in the face of the mounting evidence regarding the damage
caused by those with impaired control, there are increasing calls
for the regulatory frameworks to make "harm minimization" and
related concepts a priority. "Harm minimization" brings permit but
discourage to the fore in terms of gambling and problem gambling.
Permit But Discourage examines a variety of legal interventions
that could be used to address problem gambling.
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