Very often, someone being opposed to something involves an emotional reaction that is for the most part unexamined, they are just against it, they will often come up with some reasons behind it but these tend to be more explanations rather than reasons.
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So the first question we need to ask here is why shouldn’t we have online gambling, or given that it already persists, why should we seek to stop it?
The onus is actually on those who wish to prohibit behavior, especially those who are looking to criminalize it, to show just cause for doing so. All acts are permitted unless they are prohibited, that’s the way the law works anyway, and you have to show why they should be, or at least you are supposed to if you want to justify actions against them.
Justify is a form of the word just, and we should at least wish that our laws and our use of political power be just, and this is something that the law is supposed to seek anyway, although in the world of politics the will behind things is unfortunately often more than sufficient.
So if enough people oppose something, like online gambling, then their political power can be enough to have it banned, and who cares if the reasons given are sound or even make any kind of real sense.
From an animal rights perspective, money, jobs, and tradition are powerful forces keeping the horse racing industry alive, but they cannot justify the exploitation and suffering of the horses. And while animal advocates make the ethical arguments against horse racing, this dying sport may pass away on its own. Free slot machine downloads for ipad.
So those who are in favor of online gambling can just start with the fact that we need good reasons to ban it or try to stop it, and then look at the reasons opponents give to see if they are sound.
There are a lot of things we can spend our money on, and people generally don’t have a say in this, because it is our money, our property, and the basis of the concept of property is that one owns it and spend it as one sees fit, with only certain restrictions.
In order to justify placing restrictions on this, we need some very good reasons indeed, or we should need some very good reasons if justify our actions matters. It doesn’t always matter, but it should.
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Overcoming Common Objections To Gambling
Objections to gambling has its roots in beliefs of certain religions, involving people believing that gambling is a sin and one may fall out of favor to some degree with God by gambling.
The main reason that religion and law are not a good mix is that we should not be legislating one person’s religious beliefs over another. There may be some good reasons behind some of these beliefs, for instance that people should not kill one another without just cause, but the reasons that this is not acceptable isn’t just that we may believe God would disapprove, or their religious leaders do not favor it.
If one follows this or that religion, to the degree that they choose to abstain, that’s fine, but should this not be the case, this is not a reason in itself to compel anyone to obey, or even that the action is wrong independent of simply believing it is so.
So we can cast off any religious arguments right off the bat, this isn’t the sort of thing we ever want influencing the law, although it still does to a certain degree even in countries where it is not supposed to, like the United States.
While gambling is normally thought to fall under the category of liberty, to freely choose how to conduct one’s life provided it does not infringe upon the similar rights of others to conduct theirs, many people feel that we should look the other way for people’s own good.
So we may want to take a paternalistic approach, we’re telling you not to do it because we think it’s bad for you, like a parent might. Now this indeed may be bad for some people, what we would call problem gamblers, but most gamblers do not have a problem with it and it actually contributes to their net happiness, so this argument is not a sound one.
This also includes claims that people’s families are harmed by someone’s gambling addiction. This can be a real problem in some cases, but this does not provide justification for looking to ban something because it is a problem for a small percentage of people. There are other ways to deal with that but prohibition is never a suitable or sensible one.
As for gambling increasing crime, well that’s really only the case if you give gambling over to the criminals, and this is not even an issue really with online gambling, which is well regulated already and involves reputable sites for the most part. Those who are not need to be the ones we’re looking to fix, and if something does not involve crime, you certainly can’t maintain that eliminating it would cut down on crime.
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Gambling Is A Fundamental Liberty
The goal with all these specious claims is to look to provide justification to infringe upon personal liberty, and personal liberty doesn’t get much more basic than deciding how to spend one’s entertainment dollars.
There’s lots of ways people entertain themselves, and spend money on this, and you need very good and sound reasons indeed to tell someone how they can spend their money. This is at least as fundamental as things such as the right to freedom of expression or free speech, one must be able to speak up but one certainly also needs to have the right to allocate one’s property as well, and we cannot just pick and choose on what we let them spend it on.
The main argument though in favor of online gambling is that we not only have the rightful liberty to partake in it, we have the practical liberty as well, as this is not an activity that any government can effectively stop us from doing, so long as we have access to the internet.
So given that online gambling is already pervasive, decisions to regulate or prohibit it merely involve whether governments want to seek to have a say in most of it that goes on among its residents, and whether or not they want to benefit economically by taxing it.
This is not how it’s generally seen by politicians and lawmakers though, they instead think they have the power to give a thumbs up or down on this and think this will decide matters, but the truth is, if they don’t want to play, there are plenty of people in other countries who are more than happy to accommodate those they hope to deny access to.
So online gambling is here to stay, there aren’t any good reasons why it shouldn’t be, there are indeed some very good reasons why it should, but in any case it doesn’t matter because no one can really stop it.
Whether people should be permitted to gamble online, or gamble at all actually, is an issue that many people are passionate about, on both sides of the fence. In spite of gambling becoming much more accepted in the 21st Century than in the past, there still are a lot of people that are against it, to the extent that lawmakers continue to face huge challenges in looking to update the laws and better regulate it.
We do take a pretty permissive attitude toward how people spend their money, generally, although there are certain activities that have been historically been deemed to be vices, and significant enough vices to invoke the power of criminal law to look to punish such activities.
The use of criminal law should never be taken lightly, and as it generally applies to protecting people from serious infringements by others, to the extent of causing clear and significant material damages, either to one’s person or one’s property, criminal law can involve any sort of acts that lawmakers deem fit to legislate against, and this often spills over into matters that would otherwise be considered matters of personal liberty.
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This can come down to the government deciding how one may spend one’s money, and where criminalized vices are concerned, you will be punished for spending your money on such things, whether this be things like recreational drugs, sex for money, or gambling.
The vice of prostitution in itself sheds some light on what may be behind a lot of this reticence, it’s actually rather odd that this would ever be seen as a crime, provided it involves a mutually beneficial contract between consenting adults, but given that this sort of contract meets with disfavor with many people, that is sufficient to look to ban and prosecute it.
We tend to not think pretty deeply about some of these issues, and much remains for the most part unexamined, and when people stop and think about the reasons why gambling and online gambling in particular may be wrong enough to prohibit, or at least try to, since online gambling prohibition is of very limited influence, we often will look to come up with a number of arguments, but this often comes down to mere disapproval.
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What Makes Gambling So Different Than Other Discretionary Spending?
Of course there are lots of things that others do that we may not approve of but we tolerate, so what makes something like gambling different? Well it does have roots in religious beliefs, the idea that gambling is a sin, and even in countries which do at least purport to not allow religious beliefs color the law still see it rear its ugly head in some situations, and this is one of them.
Some countries do not have such a separation of course, and religion may shape their laws quite substantially, and many acts considered to be sins are outlawed, in some Muslim countries in particular. It is hard to imagine legalized gambling ever coming to some of these countries, at least in our lifetimes anyway.
The truth is, many people still find gambling to be distasteful personally, and many also believe that gambling is a sin according to their religious beliefs, and also believe that it is the place of the law to prohibit certain sinful behavior, so this still plays a role to a certain extent, and in some places more than others.
Neither of these reasons should be the least bit persuasive though, and while still fairly popular, several at least seemingly more practical issues have become more prominent in recent years, including one that has been around for a long time, the idea of using paternalism to regulate people’s behavior.
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So either gambling isn’t seen as good for you, or isn’t good for a certain percentage of gamblers, and therefore there is harm done by allowing people to gamble, and the government should be out to reduce harm.
This argument doesn’t account for the benefit side of this though, the entertainment and pleasure that gambling provides, and it also looks to take a broader approach to the problem than would be sensible, seeking to prevent anyone from doing this given a few become harmed, or rather, harming themselves.
We Need to Take A Balanced Approach Here
The issues of problem gambling or problem drinking or what have you require that we balance the need of these people without unduly interfering with the rights of others to live their lives and spend their money as they see fit, so to the extent that harm is even an appropriate consideration here, it isn’t in the overwhelming majority of gambling, as no harm is visited upon anyone.
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Those who don’t enjoy the practice and don’t partake in it can easily and conveniently ignore the benefit side of things and this is why when the majority of the population doesn’t gamble, the idea of prohibiting or restricting it can become popular enough.
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With online gambling, the idea that people can partake in it at their leisure tends to scare these folks even more, but the truth is that there’s really nothing we can do to stop this, people who want to gamble online will do so to their heart’s content regardless of what the laws are, due to the very nature of online gambling being a solely private experience.
There are also fears raised that being more permissive toward gambling will allow criminal elements to be benefited, although ironically, it’s the other way around, if you make it a crime then it is then that criminal elements may step in, at least when it comes to land based gambling.
Even when it is legal, such as in Las Vegas in earlier times, if it’s not regulated properly than you can indeed have organized crime participating, as was the case then. This is not an argument for prohibition, it’s one for policing it better.
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Online gambling takes this right out of the picture though, there’s no need for criminals to become involved here on the operational side anyway, although with online gambling the worry is that they will use this to launder money. This just means we need to be diligent towards this, as we already are, and isn’t a reason sufficient to prohibit anyone from playing, and once again, not that we really can anyway.
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So there are a number of reasons put forth against online gambling, that it is a sin, that it is simply wrong without needing to provide reasons because as long as enough of us agree we don’t need any, that some people harm themselves with it so no one should be allowed to do it, and that criminals will be benefited so we need to just try to shut it down.
None of these reasons are sufficient though, although the will of those in power is what ultimately prevails, whether that be a matter of popularity in a democracy or the will of the leadership in more autocratic forms of government. Fortunately though we’ve made a lot of progress in getting folks to open their minds more and examine the facts here more closely and this hopefully will continue to progress.