Permit But Discourage: Regulating Excessive Consumption

Hardcover | November 23, 2010

byW. A. Bogart

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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 controllingexcessive 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 moreeffectively 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. Addictivedrugs 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 eatingnutritious 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 themounting 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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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 controllingexcessive consumption. It engages theoretical discu...

W. A. Bogart received his B.A. and LL.B. from the University of Toronto and his LL.M. from Harvard University. He is University Professor and Professor of Law at the University of Windsor, Ontario, Canada. He co-teaches a first year course in Access to Justice. He is the author of several books, including, most recently, Good Gover...

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Format:HardcoverDimensions:366 pages, 8.25 × 5.5 × 0.98 inPublished:November 23, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019537987X

ISBN - 13:9780195379877

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Table of Contents

IntroductionPart One - A Preface to Regulation: The Story of Alcohol1. Alcohol - Many Attitudes, Much Law, Mixed ResultsI. IntroductionII. Alcohol and Public HealthIII. Regulating Consumption from the 19th Century to Prohibition: The Separation of Drugs and AlcoholIV. Prohibition and Unintended ConsequencesV. Regulating Alcohol: After Prohibition and Into the 21st Centurya) Approaches to Control 1930-2000b) Contemporary Strategies for Regulating AlcoholVI. Conclusion: "The Power of Law to Correct All Evils"?Part Two - Regulating Excessive Consumption: Normativity2. Legal Intervention, the Regulatory Mix, and the Impact of LawI. IntroductionII. From Soft Intervention to the Heaviest Machinery of the Statea) The Range of Toolsb) Taxesc) Is Litigation a Tool?d) An Example of Legal Intervention and of the Regulatory Mix: The Suppression of SmokingIII. The "New Governance" and the Regulatory Mixa) Is There a New Governance?b) The Changing Emphasis: Two Examplesc) The New Governance and Regulation of ConsumptionIV. The Impact of Lawa) Introductionb) Determining Impactc) Assessing the Regulatory Mixd) Assessing Before Implementing?; Ex Ante Efforts - Regulatory Impact AssessmentsV. Conclusions3. Excessive Consumption and NormativityI. IntroductionII. What Are Norms?III. Who are the Normativists?a) Law and Economics Encounters Law and Socioeconomicsb) Some Examples of Normativists' WorkIV. A Theory of Normativity?a) Three Accounts: Signalling, Reciprocity, and Esteemb) Things are Clearer Looking BackV. Normativitya) Excessive Consumption and Normsb) Excessive Consumption and NormativityVI. Conclusions4. Permit But DiscourageI. IntroductionII. Consumption: A Loyalty Test for Market Economies?III. Marketing Excessa) Paths to Excessb) Creating Demand: Manipulating ChoiceIV. Law's Intervention: Permit But Discouragea) Introductionb) Permit: A Turning from the Heaviest Hand of the Lawc) Discouraging: Can Law Offset the Market? Can Normativity?V. Recreational Drugs: The Outliers?VI. ConclusionsPart Three - What Are the Odds?: Regulating Problem Gambling5. Gambling, Problem Gambling and NormativityI. IntroductionII. "One Vast Casino": Gambling in England into the Nineteenth CenturyIII. Twentieth Century Canada: From Crime to Harm Minimizationa) Introductionb) Canada: Three Stages of RegulationIV. The Sudden Rise of Legalized Gamblinga) Gambling and the Economyb) Benefits and Costs of GamblingV. Problem Gamblinga) Prevalenceb) What Constitutes a Problem Gambler?c) Factors Associated With Those Most at Risk for Problem GamblingVI. Norms, Gambling and Problem Gamblinga) Introductionb) Historical Shifts in Norms and Attitudesc) Ambivalent Attitudes Towards Gambling and Problem Gamblingd) Influence of Family and Peerse) ConclusionVII. Conclusion: "This Dreadful Vice"6. Regulating Moderation in Gambling? - 1 Overarching ConsiderationsI. IntroductionII. Regulating Moderation?: Promoting Cure? Avoiding Excess?III. Overarching Considerationsa) Frameworks for Intervention - General Agreement but the Devil is in the Detailsb) Three Concepts Designed to Promote Interventionc) Independent Authority to Oversee Regulation of Gambling and Prevention of Problem Gamblingd) Independent and Well Funded Policy and Research ProgramsIV. The Rise of Internet Gamblinga) Introduction: Untamable Cyberspace?b) Internet Gambling and Its Proliferationc) Problem Gambling and the Internetd) Regulating Internet Gamblinge) Regulating Problem Gambling on the Internet?V. Conclusion7. Regulating Moderation in Gambling? - 2 Specific InterventionsI. IntroductionII. The "Mix"a) Enforcing Existing Lawb) Some Kinds of Gambling are Worse Than Others: Restricting EGMs (Especially VLTs)c) Saying "No"!: Excluding Problem Gamblersd) The Hope of Litigation?: Suing the Providerse) Refereeing Informationf) A License to Play?III. Effectiveness of the Mix: "There Must be Some Impact"IV. ConclusionsConclusionIndex