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Moral Legislation Without Morality - The Case of Nevada

NCJ Number
96722
Author(s)
J F Galliher; J R Cross
Date Published
1983
Length
165 pages
Annotation
The research reported in this book addresses the question of why Nevada law reflects a moral flexibility and a tolerance of some vice but intolerance of other seemingly similar behavior.
Abstract
Throughout the 1930's, 1960's, and 1970's, across all types of substantive issues ranging from prostitution, alcohol prohibition and other drug use, to quickie divorces, lotteries, and other gambling, economic considerations rather than morality played the central role. By viewing the pattern of triggering events over the 1930 to 1970 period, one can see a cultural pattern emerge. This pattern exemplifies the structural foundations of various Nevada laws. Lawmakers recognized that the maintenance of a law-and-order image could be instrumental in protecting the gambling industry from external controls. Nevada's severe marijuana penalty has a symbolic and an instrumental role, even though the law is seldom enforced. In this symbolic use of law, there is evidence of a conscious manipulation of symbols by the casino gambling industry. Initially, the patterns of divorce, prostitution, casino gambling, and alcohol legislation all seem generally congruent and related to the same economic issues before and after 1931, reflecting a tolerant morality not in conflict with the needs of tourism. Conversely, lottery and marijuana controls on the surface appear responsive to prohibitionist sentiments. Actually, all this seemingly contradictory legislation is responsive to the same types of structural foundations involving long-term reliance on attracting outside travelers and their money. The volume includes 352 references.

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