なぜ国家は"違法"を見て見ぬふりするのか【統治論×公衆衛生】

Just behind the pachinko parlor, there's a small, isolated cash exchange window. The balls transform into prizes, and the prizes transform into cash just a few meters away. A massive industry exists for this seemingly insignificant detour. Article 185 of the Penal Code clearly states that gambling is punishable. Yet, in the heart of this country, a market that moves 14.6 trillion yen annually continues to operate openly, proudly displaying its signs on the main streets. The police know the system inside and out, yet deliberately refrain from intervening. We are tempted to dismiss this as "bureaucratic negligence" or "collusion with the industry." But is that really all there is to it? Foucault wrote in *Discipline and Punish*: The state is not trying to eliminate illegality from the world. Rather, it is constantly classifying illegality into small categories, deciding which to crack down on and which to control and keep. In 1920, America banned alcohol itself in its Constitution. The complete prohibition of desire led to a proliferation of underground bars and the empire of Al Capone. From this painful failure, a cold-blooded idea emerged: If we can't eliminate it completely, let's at least reduce the total amount of damage—harm reduction. Marijuana in the Netherlands, legal prostitution in Nevada, Geylang in Singapore, decriminalization in Portugal. Countries with vastly different cultures and religions are digging the same "floodplain." A skilled flood engineer deliberately prepares low-lying land. When the river rages, it will overflow there first. To protect the heart of the city, they preemptively decide on the land to be sacrificed on the map. So, who will be submerged in the lowest part of that floodplain? The state didn't draw that line to deceive us. It was we who wished to be left out of the ugly parts. This time, drawing on themes of governance, sociology of law, economics, and public health, I've pondered why states "deliberately" overlook illegal activities they themselves forbade. ---------------------------- ▼Timestamps 00:00 - Prologue: The World's Strangest, A Few Meters 02:32 - Chapter 1: A Map Depicting the Legal 06:11 - Chapter 2: The Forbidden Flood 11:43 - Chapter 3: The World's Underground Waterways 16:10 - Chapter 4: Those Who Sink into the Lowest Land 20:20 - Epilogue: The Art of Thinning Eyes ---------------------------- ▼Related Video    • なぜ“悪人ゼロ”の世界は、内側から滅びるのか【進化ゲーム理論×免疫学】   ---------------------------- ▼References [1] Foucault, M. (1975). Surveiller et punir: Naissance de la prison. Éditions Gallimard. ("Discipline and Punish." The concept of selective management of illegality.) [2] Lipsey, R.G., & Lancaster, K. (1956). "The General Theory of Second Best." The Review of Economic Studies, 24(1), 11–32. (Second-best theory) [3] Blocker, J.S. (2006). "Did Prohibition Really Work? Alcohol Prohibition as a Public Health Innovation." American Journal of Public Health, 96(2), 233–243. (Some indicators of alcohol consumption, cirrhosis mortality, and alcohol dependence improved during Prohibition) [4] Okrent, D. (2010). Last Call: The Rise and Fall of Prohibition. Scribner. (A general history of Prohibition. The rise of speakeasies, the enforcement system, and Al Capone) [5] Hughes, C.E., & Stevens, A. (2010). "What Can We Learn From The Portuguese Decriminalization of Illicit Drugs?" British Journal of Criminology, 50(6), 999–1022. (A representative study examining decriminalization in Portugal) [6] Brents, B.G., & Hausbeck, K. (2010). The State of Sex: Tourism, Sex and Sin in the New American Heartland. Routledge. (A sociological study dealing with licensed prostitution in Nevada) ---------------------------- ▼Sources and Data • Article 185 of the Penal Code (Gambling Offense) / Articles 2, 5, 6, 11, and 12 of the Prostitution Prevention Law (e-Gov Law Search). The Prostitution Prevention Law primarily punishes those who arrange, provide locations for, and manage prostitution, rather than the sellers themselves. Japan Productivity Center, "Leisure White Paper 2023" / DK-SIS White Paper 2023 (Pachinko: 2022 ball rental volume approximately 14.6 trillion yen, peak in 2005 approximately 34.86 trillion yen. Both figures represent turnover = total amount moving the market.) 18th Amendment to the U.S. Constitution (1920 - Prohibition) / 21st Amendment (1933 - Repeal). Dutch government (government.nl): "Toleration policy regarding soft drugs and coffee shops" Nevada State Law (Nevada Revised Statutes 441A, etc. and county ordinances) ---------------------------- ▼Sound Source Materials Sound Effect Lab https://soundeffect-lab.info/ DOVA-SYNDROME https://dova-s.jp/ #Government Theory #Sociology of Law #Public Health #Economics #Foucault #Discipline and Punish #Theory of the Second Best #Three-Shop System #Article 185 of the Penal Code #Floodplain #Flood Control #Consideration #Overthinking Reed