NATIONAL
LIQUOR NEWS – April 2006
On Liberty by Gordon Broderick
“Only a collective individual response will change Australia’s drinking culture.”
In 1855 John Stuart Mill penned his famous book On Liberty. On Liberty is generally regarded as one of the most influential books ever written, making it onto lists along side Johnson’s dictionary, Hayek’s Road to Serfdom and the Bible. Mill’s book has resonated down through the centuries and is as relevant today as the day it was written. So what does Mill’s mid-Victorian work have to do with alcohol in Australia in the 21st century? Let me began with a quote from Mill.
“That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise, or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him, or visiting him with any evil, in case he do otherwise.”
The nub of Mill’s thesis is that in any civilised society people should be free to engage in whatever behavior they wish as long as it does not harm others. Impinging on or removing liberties, either individually or collectively, should only be considered as a last resort.
From the very earliest times in Australia alcohol has been a highly regulated commodity. At the beginning of the 21st century little has changed. DSICA acknowledges that much of this regulation is justified and necessary. J.S. Mill, for example, accepted that some level of taxation on alcohol was desirable and that the regulation of pubs could be justified. In the modern context, Mill would have no problem with drink driving laws or random breath testing.
However, J.S. Mill would be bewildered with a great deal of the regulation on today’s statute books. For instance, he would regard the banning of external price advertising by pubs as a gross interference with a publican’s right to trade. Similarly, the prohibition of the sale of RTDs at certain events, which contain the same alcohol content as beer that is for sale, would seem bizarre. So too would the prohibition of double measures of spirits in a drink, along side the sale of jugs of beer and balloon glasses of wine.
In the spirit of John Stuart Mill, DSICA considers that new laws and regulations with respect to alcohol should only be introduced following thorough evidence-based identification of a problem, a detailed examination of alternatives to regulation, evaluation of costs versus benefits, and the likely compliance of any such measures. Regulations should also ‘sun-set’ and be reviewed at a later period to see if they continue to be warranted. At worst, poorly framed laws can directly reduce an individual’s liberty, and at best they can add to compliance costs which indirectly impinges upon liberties.
Now let us consider the flip side of liberty. Liberty is a right in all civilised societies: but with rights come responsibilities. DSICA contends that over the past few decades there has been a decline individuals’ sense of responsibility. NSW Chief Justice Spigelman also recently touched on this point when drew attention the decline in social graces and manners in the community.
Teenagers have always consumed alcohol, but only recently have we witnessed some of the problems exhibited at schoolies week. Likewise, alcohol has always been consumed at sporting events but in recent seasons crowd behaviour has deteriorated markedly. And remember such behaviour is set against the background of declining per capita alcohol consumption.
For the vast majority of individuals, responsible drinking and civil behaviour is a choice. Society should not tolerate drunken or anti-social behaviour. Indeed, it is up to you and me, our peers and parents generally, as well prominent people in our community to show zero-tolerance to ‘ugly’ behaviour. DSICA contends that only a collective individual response will change Australia’s drinking culture; any attempt to change it by government edict will prove very difficult.
To conclude, DSICA wholeheartedly endorses the statements made by the Parliamentary Secretary for Health of Aging, The Hon Chris Pyne, in his speech to the Canberra Press Club on underage drinking. In that speech he noted that, “the power of the state should not be exercised reflexively or rashly in social policy. Australia is a free society, and each infringement of individual freedom damages the philosophical basis of our nation that little bit further. The benefits of state intervention must be weighed against the costs.”
