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LIQUOR LAWS

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Originally appearing in Volume V16, Page 760 of the 1911 Encyclopedia Britannica.
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LIQUOR See also:

LAWS . In most Western countries the See also:sale of alcoholic liquor is regulated by See also:law. The See also:original and See also:principal See also:object is to check the evils arising from the immoderate use of such liquor, in the See also:interest of public See also:order, morality and See also:health; a secondary object is to raise See also:revenue from the See also:traffic. The See also:form and the stringency of the laws passed for these purposes vary very widely in different countries according to the habits of the See also:people and the See also:state of public See also:opinion. The evils which it is desired to check are much greater in some countries than in others. Generally speaking they are greater in See also:northern countries and See also:cold and See also:damp climates than in See also:southern and more sunny ones. See also:Climate has a marked See also:influence on See also:diet for physiological reasons over which we have no See also:control. The fact is attested by universal experience and is perfectly natural and inevitable, though usually ignored in those See also:international comparisons of economic conditions and popular customs which have become so See also:common. It holds See also:good both of See also:food and drink. The inhabitants of See also:south See also:Europe are much less given to alcoholic excess than those of central Europe, who again are more temperate than those of the See also:north. There is even a difference between localities so near together as the See also:east and See also:west of See also:Scotland. The chairman of the See also:Prison Commissioners pointed out before a See also:British royal See also:commission in the See also:year 1897 the greater prevalence of See also:drunkenness in the western See also:half, and attributed it in See also:part to the dampness of the climate on the western See also:coast.

But See also:

race also has an influence. The British carry the See also:habit of drinking wherever they go, and their colonial descendants retain it even in hot and dry climates. The Slav peoples and the See also:Magyars in central Europe are much more intemperate than the See also:Teutonic and Latin peoples living under similar See also:climatic conditions. These natural See also:differences See also:lead, in accordance with the principle discerned and enunciated by See also:Montesquieu, to the See also:adoption of different laws, which vary with the See also:local conditions. But social laws of this See also:character also vary with the state of public opinion, not only in different countries but in the same See also:country at different times. The result is that the subject is in a state of incessant See also:flux. There are not only many varieties of liquor laws, but also frequent changes in them, and new experiments are constantly being tried. The See also:general tendency is towards increased stringency, not so much because the evils increase, though that happens in particular places at particular times, as because public opinion moves broadly to-wards increasing condemnation of excess and increasing reliance on legislative interference. The first is due partly to a general See also:process of refining See also:manners, partly to medical influence and the growing See also:attention paid to health; the second to a universal tendency which seems inherent in See also:democracy. Liquor laws may be classified in several ways, but the most useful way for the See also:present purpose will be to take the principal methods of conducting the traffic as they exist, under four See also:main headings, and after a brief explanation give some See also:account of the laws in the principal countries which have adopted them. The four methods are: (I) licensing or commercial sale for private profit under a legal permit; (2) sale by authorized bodies not for private profit, commonly known as the Scandinavian or See also:company See also:system; (3) state See also:monopoly; (4) See also:prohibition. It is not a scientific See also:classification, because the company system is a form of licensing and prohibition is no sale at all; but it follows the lines of popular discussion and is more intelligible than one of a more technical character would be.

All forms of liquor legislation See also:

deal mainly with See also:retail sale, and particularly with the sale for immediate See also:consumption on the spot. I. Licensing.—This is by far the See also:oldest and the most widely adopted method; it is the one which first suggests itself in the natural course, of things. Men begin by making and selling a thing without let or hindrance to please themselves. Then objections are raised, and when they are strong or general enough the law interferes in the public interest, at first mildly; it says in effect—This must not go on in this way or to this extent; there must be some control, and permission will only be given to duly authorized persons. Such persons are licensed or permitted to carry on the traffic under conditions, and there is obviously See also:room for See also:infinite gradations of strictness in granting permission and infinite variety in the conditions imposed. The See also:procedure may vary from See also:mere notification of the intention to open an See also:establishment up to a rigid and minutely detailed system of See also:annual licensing laid down by the law. But in all cases, even when mere notification is required, the governing authority has the right to refuse permission or to withdraw it for reasons given, and so it retains the See also:power of control. At the same See also:time holders of the permission may be compelled to pay for the See also:privilege and so contribute to the public revenue. The See also:great merit of the licensing system is its perfect See also:elasticity, which permits See also:adjustment to all sorts of conditions and to the varying demands of public opinion. It is in force in the See also:United See also:Kingdom, which first adopted it, in most See also:European countries, in the greater part of North See also:America, including both the United States and See also:Canada, in the other British dominions and elsewhere. 2.

The Scandinavian or Company System.—The principle of this method is the elimination of private profit on the ground that it removes an incentive to the encouragement of excessive drinking. A monopoly of the sale of liquor is entrusted to a See also:

body of citizens who have, or are supposed to have, no See also:personal interest in it, and the profits are applied to public purposes. The system, which is also called " disinterested management," is adopted in See also:Sweden and See also:Norway; and the principle has been applied in a modified form in See also:England and See also:Finland by the operation of philanthropic See also:societies which, however, have no monopoly but are on the same legal footing as See also:ordinary traders. 3. State Monopoly.—As the name implies, this system consists in retaining the liquor See also:trade in the hands of the state, which thus secures all the profit and is at the same time able to exercise See also:complete control. It is adopted in See also:Russia, in certain parts of the United States and, in regard to the wholesale trade, in Switzer-See also:land. 4. Prohibition.—This may be general or local; in the latter See also:case it is called " local See also:option " or " local See also:veto." The sale of liquor is made illegal in the See also:hope of preventing drinking altogether or of diminishing it by making it more difficult. General prohibition has been tried in some See also:American states, and is still in force in a few; it is also applied to native races, under civilized See also:rule, both in See also:Africa and North America. Local prohibition is widely in force in the United States, Canada and See also:Australasia, Sweden and Norway. In certain areas in other countries, including the United Kingdom, the sale of liquor is in a sense prohibited, not by the law, but by the owners of the See also:property who refuse to allow any public-houses. Such cases have nothing to do with the law, but they are mentioned here because reference is often made to them by See also:advocates of legal prohibition.

End of Article: LIQUOR LAWS

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LIQUIDATION (i.e. making " liquid " or clear)
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