Permit but discourage : regulating excessive consumption
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Bibliographic Information
Permit but discourage : regulating excessive consumption
Oxford University Press, c2011
- : hardback
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Note
Includes bibliographical references and index
Description and Table of Contents
Description
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.
Table of Contents
- TABLE OF CONTENTS INTRODUCTION PART ONE - A PREFACE TO REGULATION: THE STORY OF ALCOHOL CHAPTER ONE: Alcohol - Many Attitudes, Much Law, Mixed Results I. Introduction II. Alcohol and Public Health III. Regulating Consumption from the 19th Century to Prohibition: The Separation of Drugs and Alcohol IV. Prohibition and Unintended Consequences V. Regulating Alcohol: After Prohibition and Into the 21st Century a) Approaches to Control 1930-2000 b) Contemporary Strategies for Regulating Alcohol VI. Conclusion: "The Power of Law to Correct All Evils"? PART TWO - REGULATING EXCESSIVE CONSUMPTION: NORMATIVITY CHAPTER TWO: Legal Intervention, the Regulatory Mix, and the Impact of Law I. Introduction II. From Soft Intervention to the Heaviest Machinery of the State a) The Range of Tools b) Taxes c) Is Litigation a Tool? d) An Example of Legal Intervention and of the Regulatory Mix: The Suppression of Smoking III. The "New Governance" and the Regulatory Mix a) Is There a New Governance? b) The Changing Emphasis: Two Examples c) The New Governance and Regulation of Consumption IV. The Impact of Law a) Introduction b) Determining Impact c) Assessing the Regulatory Mix d) Assessing Before Implementing?
- Ex Ante Efforts - Regulatory Impact Assessments V. Conclusions CHAPTER THREE: Excessive Consumption and Normativity I. Introduction II. What Are Norms? III. Who are the Normativists? a) Law and Economics Encounters Law and Socioeconomics b) Some Examples of Normativists' Work IV. A Theory of Normativity? a) Three Accounts: Signalling, Reciprocity, and Esteem b) Things are Clearer Looking Back V. Normativity a) Excessive Consumption and Norms b) Excessive Consumption and Normativity VI. Conclusions CHAPTER FOUR: Permit But Discourage I. Introduction II. Consumption: A Loyalty Test for Market Economies? III. Marketing Excess a) Paths to Excess b) Creating Demand: Manipulating Choice IV. Law's Intervention: Permit But Discourage a) Introduction b) Permit: A Turning from the Heaviest Hand of the Law c) Discouraging: Can Law Offset the Market? Can Normativity? V. Recreational Drugs: The Outliers? VI. Conclusions PART THREE - WHAT ARE THE ODDS?: REGULATING PROBLEM GAMBLING CHAPTER FIVE: Gambling, Problem Gambling and Normativity I. Introduction II. "One Vast Casino": Gambling in England into the Nineteenth Century III. Twentieth Century Canada: From Crime to Harm Minimization a) Introduction b) Canada: Three Stages of Regulation IV. The Sudden Rise of Legalized Gambling a) Gambling and the Economy b) Benefits and Costs of Gambling V. Problem Gambling a) Prevalence b) What Constitutes a Problem Gambler? c) Factors Associated With Those Most at Risk for Problem Gambling VI. Norms, Gambling and Problem Gambling a) Introduction b) Historical Shifts in Norms and Attitudes c) Ambivalent Attitudes Towards Gambling and Problem Gambling d) Influence of Family and Peers e) Conclusion VII. Conclusion: "This Dreadful Vice" CHAPTER SIX: Regulating Moderation in Gambling? - 1 Overarching Considerations I. Introduction II. Regulating Moderation?: Promoting Cure? Avoiding Excess? III. Overarching Considerations a) Frameworks for Intervention - General Agreement but the Devil is in the Details b) Three Concepts Designed to Promote Intervention c) Independent Authority to Oversee Regulation of Gambling and Prevention of Problem Gambling d) Independent and Well Funded Policy and Research Programs IV. The Rise of Internet Gambling a) Introduction: Untamable Cyberspace? b) Internet Gambling and Its Proliferation c) Problem Gambling and the Internet d) Regulating Internet Gambling e) Regulating Problem Gambling on the Internet? V. Conclusion CHAPTER SEVEN: Regulating Moderation in Gambling? - 2 Specific Interventions I. Introduction II. The "Mix" a) Enforcing Existing Law b) Some Kinds of Gambling are Worse Than Others: Restricting EGMs (Especially VLTs) c) Saying "No"!: Excluding Problem Gamblers d) The Hope of Litigation?: Suing the Providers e) Refereeing Information f) A License to Play? III. Effectiveness of the Mix: "There Must be Some Impact" IV. Conclusions CONCLUSION INDEX
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