Is Running a Lottery a Proper Function of Government?

A lottery is an arrangement in which prizes, usually money or goods, are allocated to participants by a process that depends on chance. Unlike most games of chance, however, a lottery requires payment of a consideration (money or property). Examples of modern lotteries include military conscription, commercial promotions in which prized goods or services are awarded to paying participants, and the selection of jurors from lists of registered voters.

Most states have a state lottery, where participants purchase tickets for chances to win cash and other prizes. The prizes may range from a small amount to a large sum, and the odds of winning are generally predetermined. The term is also used to refer to other arrangements that involve a random selection of individuals or groups. Examples of this type include a military conscription lottery, a promotion for a group of units in a subsidized housing block, and the placement of kindergarten students in a public school.

While some people play the lottery as a recreational activity, others have a serious addiction to gambling and are at risk for becoming problem gamblers. The lottery’s advertising strategy inevitably targets such groups and encourages them to spend more time and money on their hobby. The question is whether running a lottery, which is fundamentally a gambling arrangement, is a proper function of government.

Lottery revenues expand dramatically after their introduction but then plateau and may even decline. Consequently, officials introduce new games to maintain or increase revenues. Some of these innovations, such as instant tickets, are intended to appeal to a bored public.

In addition to attracting players, a major purpose of the lottery is to raise funds for governmental expenditures. However, a state’s ability to spend its lottery earnings is limited by other factors, such as its general budget and the state’s debt level.

State governments are often unable to develop a comprehensive policy that addresses the complex issues surrounding lotteries. This is because decisions are made piecemeal, and the lottery industry’s own internal competition for customers can obscure issues of concern. Furthermore, many of the policies established in the early stages of the lottery are soon overtaken by its ongoing evolution.

Nevertheless, there are important concerns that need to be addressed regarding the role of state lotteries in society. The first is that lotteries promote gambling, which has negative consequences for the poor, problem gamblers, etc. Second, they dangle the prospect of instant wealth in an age of increasing inequality and limited social mobility. Finally, there is the issue of how the lottery erodes trust in government institutions. The short story The Lottery by Shirley Jackson illustrates these concerns well. This article has been adapted from a recent essay by James K. Fleming, a law professor at Georgetown University. He can be reached at james.fleming@law. Georgetown.edu. 2016 by the Law Review Committee of the Georgetown Journal of International and Comparative Law. All rights reserved. This material may not be published, rewritten, or redistributed without permission from the authors and/or the publishers.

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