Can you propose a universally acceptable formula or philosophy? Shall we just consult you on a case by case basis to determine when and where a putative power differential exists, and exactly when such a differnetial becomes large enough to verge into "unfair"?
edit: like how we've managed to do with literally every single other law?
By that standard, we're done, the matter has already been concluded in favor of "allow gambling."
Yes exactly. Well not "me" or "you" but case by case yes.
It's not necessary that someone be able to articulate and defend a universal moral philosophy consistent with a given policy in order to enact it. Having systems in place to evaluate specific cases as they come up is sufficient.
Note that I am not agreeing or disagreeing with the merits of that outcome; I am just noting that the process you describe has already been done, and has determined in this case that "gambling is OK."
Why should we revisit that process simply because a few people dislike the result? By what right do you suppose your personal views ought to overturn this social process -- simply because you and a few others personally disapprove of the outcome?
Should social processes always yield results that you personally like, and be considered invalid when they don't?
edit: things can improve, women can open bank accounts without their husband approving it now! We decided something, re-evaluated and made a better decision
Society has already spoken on this matter. It seems that your criteria amount to nothing more than "when I personally dislike the results of the social process, the social process has failed, and we ought to revisit it."
So I ask again the question you've begged: by what formula or philosophy are we to determine when a social decision such as "allow gambling" is bad? Is there anything beyond your personal feelings on a topic that we can turn to as a criterion?
By advocacy and persuasion and some level of agreement through democracy.
>By that standard, we're done
Laws can change, so we're never done.
Society is a never-ending churn of social forces. There will always be a matrix of people who are good and bad and indifferent, who think similar and different to one another. It will never settle.
To answer your question about sports gambling in particular (though you did not ask me): I think the bets on specific things happening in a game are more manipulable and thus damaging to sports in general, as well as to the addictive properties of gambling, than simply betting on an outcome of a game.
So yeah, some aspects of gambling are bad enough that, now that we've seen the impact it's having, we should consider some more guardrails.
Even the college kid libertarian I used to be would say that the government should enforce "an informed consumer": That people should know what mechanisms gambling companies use to entice and addict people.
[edited for tone]
Why ought we revisit and overturn that process in this case? Is there any objective criterion beyond "it seems bad to me, I don't like the result of our lawmaking process?"
So yes, I "and a few others" disapprove of this outcome and are acting to change it within the constraints that we have. You oppose that or not that's your business.
No ongoing rational standards, logic, or objective argumentation is required or even relevant -- just might makes right, anything goes, whoever convinces the most people to agree through sophistic "advocacy" wins?
I suppose that such a system could exist in theory, but it seems to be heavily at odds with the constitutional legal system that the United States uses.
This most recent comment has shifted the topic entirely, and I'm not going to address it because it's obviously either written in bad faith or just painfully unthoughtful.
Then you said "there is no point at which the process is 'complete' for a given policy and must be merely accepted..." This sounds very much like you believe it is both possible and correct to revisit any policy topic at any time, and with no particular criteria for when it is valid to do so -- it is always valid to do so, under that statement.
Thus, I asked for clarification -- it sounds like there are no possible objective standards for the lawmaking process in your formulation above; any law or policy can be revisited at any time, and without any objective criteria that leaves purely emotional arguments and whoever successfully gathers a bigger band of followers to their side as the main determining factor in what policy we get.
While I have found few people to think this acceptable, I believe it better than the wanton passing of social laws to appease a voter base in order to keep a job. (How many people did DOMA[0] practically harm in order to appease the metaphysical sensitivities of a majority of voters)
Laws should be to prevent[dissuade] harm __to others__. If someone wants to recklessly use drugs, then we have laws that punish them for the harm they did to others, with an added under-the-influence charge. There is no reason to punish a consenting adult doing no harm to another, only possibly themself. The problem with this, is politicians don't get re-elected for creating education and other services that would help those addicted/using it to escape their life or those with trauma/mental instability inflicting trauma on others. But using "moral" arguments to rile up majority population voting bases is low hanging fruit; which the system rewards one for going after. Laws that are publicly passed are usually done by exploiting the emotions of group-type majorities. instead of using funds on analysts to find the current emotional trigger to poke, use it to find the best ways to help those that are a higher risk to cause harm towards others (ie, addicts, mental health - including those with trauma that are not as easy to treat with medication and basic security needs). And honestly, I find it unethical to exploit a persons personal faith for job security.
At some point people have to take responsibility for themselves, their actions, and stay out of your neighbor's business until your neighbor begins harming other humans (whether in their house or outside of it). Laws don't prevent harm to others, they establish (or should only establish) societal time-outs(rehabilitation) and damage/cost/etc retribution/repayment (the word I want to use escapes me in describing this exactly), the same way police are law _enforcement_ officers, not crime prevention psychics.
TL;DR: "The right to swing my arms in any direction ends where your nose begins." (This also encompasses the non-physical assault or harm - stealing etc)
I don't want to outlaw gambling as such but I think it needs to be far more strictly regulated because gambling corporations massively exploit people and the industry borders on scamming.
Of course there is logic and standards. Such as my logic that sports betting on individual plays is more conducive to corruption and more numerous than whole-game outcomes, thus more appropriate for regulation.
The constitution was written in the aftermath of a might-makes-right event called a war. Among other things, it puts in place certain rules more protected than others, to add some order to the chaos and protect minoruty interests.