EXHIBIT 1025
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`EXHIBIT 1025EXHIBIT 1025
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`TO PETITIONER GOOGLE INC.’STO PETITIONER GOOGLE INC.’S
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`PETITION FOR COVERED BUSINESSPETITION FOR COVERED BUSINESS
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`METHOD REVIEW OFMETHOD REVIEW OF
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`TO PETITIONER GOOGLE INC.’S
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`METHOD REVIEW OF
`U.S. PATENT NO. 7,334,720
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`U.S. PATENT NO. 7,334,720U.S. PATENT NO. 7,334,720
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`The politics of alcohol
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`There is a lot more than drinking involved in drinking.
`(Mass-Observation)
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`The politics of alcohol
`A history of the drink question in England
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`James Nicholls
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`Copyright © James Nicholls 2009
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`The right of James Nicholls to be identified as the author of this work has been asserted by him in accordance with the
`Copyright, Designs and Patents Act 1988.
`
`Published by Manchester University Press
`Oxford Road, Manchester M13 9NR, UK
`and Room 400, 175 Fifth Avenue, New York, NY 10010, USA
`www.manchesteruniversitypress.co.uk
`
`Distributed exclusively in the USA by
`Palgrave, 175 Fifth Avenue, New York,
`NY 10010, USA
`
`Distributed exclusively in Canada by
`UBC Press, University of British Columbia, 2029 West Mall,
`Vancouver, BC, Canada V6T 1Z2
`
`British Library Cataloguing-in-Publication Data
`A catalogue record for this book is available from the British Library
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`Library of Congress Cataloging-in-Publication Data applied for
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`ISBN 978 07190 7705 0
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`First published 2009
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`18 17 16 15 14 13 12 11 10 09 10 9 8 7 6 5 4 3 2 1
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`The publisher has no responsibility for the persistence or accuracy of URLs for external or any third-party internet websites
`referred to in this book, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.
`
`Edited and typeset
`by Frances Hackeson Freelance Publishing Services, Brinscall, Lancs
`Printed in Great Britain
`by MPG Books Group
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`Contents
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`Introduction
`1 A monstrous plant: alcohol and the Reformation
`2 Healths, toasts and pledges: political drinking in the seventeenth century
`3 A new kind of drunkenness: the gin craze
`4 The politics of sobriety: coffee and society in Georgian England
`5 A fascinating poison: early medical writing on drink
`6 Ungovernable passions: intoxication and Romanticism
`7 Odious monopolies: power, control and the 1830 Beer Act
`8 The last tyrant: the rise of temperance
`9 A monstrous theory: the politics of prohibition
`10 The State and the trade: the drink question at the turn of the century
`11 Central control: war and nationalisation
`12 The study of inebriety: medicine and the law
`13 The pub and the people: drinking places and popular culture
`14 Prevention and health: alcohol and public health
`15 Beer orders: the changing landscape in the 1990s
`16 Drinking responsibly: media, government and binge drinking
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`Conclusion: the drink question today
`Bibliography
`Index
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`Introduction
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`In 1925, the economist John Maynard Keynes wrote that he saw ‘only two planks of the historic Liberal platform [as] still
`seaworthy – the Drink Question and Free Trade’.1 This observation was partly a comment on the parlous state of the Liberal
`Party at the time, outflanked by the organised labour movement and left with little to distinguish it as a political force. It was
`also, however, a measure of the extent to which the ‘drink question’ had come to occupy the political centre ground in the
`preceding decades. The half century between 1870 and 1920 had seen elections fought and lost on the issue of alcohol control,
`the creation and abandonment of asylums for the treatment of drunkards, repeated Parliamentary efforts to introduce
`prohibition, the establishment of a pub company by an Anglican Bishop, the partial nationalisation of the alcohol industry, and
`drink described by the serving Prime Minister at the outbreak of the First World War as a greater threat than Austria and
`Germany combined. It was the high water mark of the drink question as a political concern. However, as this book will argue,
`drink had been an important political issue for a long time before this. It became an object of State regulation in the mid-
`sixteenth century, and had become a subject of heated political debate by the early seventeenth. Furthermore, while the drink
`question receded somewhat after the 1940s, this diminishing of the political importance of drink was only temporary. By the
`start of the twenty-first century, drink was back on the political agenda with a vengeance. The introduction of 24-hour
`licensing, the rise of city-centre superpubs, and the widespread expressions of public concern over binge drinking and cheap
`supermarket sales have turned the consumption of alcohol into an issue as feverishly discussed today as it has been at almost
`any time in the past. The social, political, economic and ethical questions posed by drink have never been fully resolved, and
`have never gone away. This book is a history of those questions.
`By presenting a history of the drink question, this book does not suggest that the same issues have always been associated
`with drinking; far from it. Because drinking is such a perennial cultural activity, it provides a kind of ‘cultural constant’, but
`this is not to say that drinking practices or attitudes to alcohol remain static over time. Indeed, one of the aims of this book will
`be to trace the way in which ideas about alcohol change. The phrase ‘drink question’ is an intentional anachronism in this
`regard. It was used predominantly during the period when political temperance was at its most influential: roughly speaking,
`from around 1840 to 1940. By applying the phrase to both earlier and later periods I am not suggesting that the specific features
`of the discourse on drink that characterised Victorian and Edwardian England simply extended back to the seventeenth century
`and forward to the twenty-first. This book deals with transformations that have characterised thinking about alcohol; however,
`it also recognises certain constants: worries over heavy sessional drinking and the rituals that encourage those patterns of
`consumption, heightened concerns over women’s drinking, disputes over the proper role of licensing authorities, conflicts
`between the rights of moderate drinkers and the responsibility of the State to prevent excess, and – often underlying all of these
`issues – a failure to resolve the tensions between free trade ideologies and the need to maintain social order where alcohol is
`concerned. Drink has always existed both as an activity and as a set of questions: questions about the rights and wrongs of
`intoxication, about the role of government in regulating free trade, about the limits of personal freedom, about gender, class,
`taste and health. In looking at the range of these issues, this book sets out to show that the drink question has never been
`singular, even when it appeared to be.
`While this is a book about the politics of alcohol, it will not scrutinise ministerial meetings, the briefings of civil servants
`and the actions of policy-makers at the highest level: a detailed study of the ‘high politics’ of drink has been carried out
`previously by John Greenaway.2 Instead I will be looking at the role of drink as a political issue in the widest sense. One of the
`key claims of this book is that drink not only stimulates public debate, but that it has always tended to expose underlying
`cultural and political tensions as well. Because drinking is such a ubiquitous social activity, the way it is framed in public
`discourse – the kinds of problems it is associated with, and the kinds of solutions which are proposed – acts as a barometer of
`the cultural anxieties and political attitudes which are at work in any particular period. Drink is interesting for many reasons,
`but the main interest here is how ideas about drink provide an insight into the wider culture. As one writer has put it, ‘we can
`look through the window not only from society to alcohol, but also from alcohol to society’; hopefully this book will go some
`way towards achieving this perspective.3
`This book focuses on England partly for the simple reason that any study of such a large subject requires selection.
`However, the drink question has never been a uniquely English phenomenon and this book is not an attempt to suggest that it is.
`Nevertheless, drinking does occupy a particularly ambivalent role in English society. The pub is, with good reason, seen as a
`social institution of unparalleled importance in English cultural life and beer has few equals in the pantheon of cultural
`signifiers of Englishness. And yet we have recently seen the phrase ‘Binge Britain’ become a media cliché; and when Tony
`Blair complained in 2004 that legislators faced a ‘new British disease’ of binge drinking he was not only repeating a sentiment
`commonplace in the contemporary press, but one which stretches back to some of the earliest texts we will look at here.
`‘Binge Britain’ refers to more than England, of course. However, it is a slogan which blurs significant differences in
`consumption between England, Scotland, Wales and Northern Ireland; more importantly for this book, the cultural and
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`legislative histories between the four home nations are significantly different. A lot of the matter discussed here applies to
`Britain as a whole, but much is specific to England. This should not be taken as indicating that I accept the commonplace idea
`that the English have a kind of national drinking problem; such simplifications are neither accurate nor especially helpful when
`attempting to understand drinking culture. Nor am I implying that the political history of drink in England is uniquely complex
`or varied: the cultural history of drink in America has provided the material for decades of historical inquiry and critical
`analysis, and the politics of drink in Scotland, Ireland, Russia and many Scandinavian countries has been as complicated and
`socially divisive as it has been in England. Nevertheless, taking England as the object of study makes it possible to trace the
`history of one set of national concerns over drinking – and whether the English have a unique drink problem or not, they
`certainly have a long history of worrying about the possibility that they might. This book will show the degree to which
`drinking has provided a way of talking about concerns over national identity, economic prosperity, conceptions of freedom, the
`relationship between the State and trade, and the social effects of free markets – all of which have been arguments pertinent to
`the social and political contexts of England at the time in which they were being expressed. However, because the drink
`question has so often really been a question about the nature of open society more generally, many of the arguments looked at
`here apply equally to any other ‘wet’ (as in non-abstaining) liberal culture.
`While the aim of this book is to explore some of the issues that lie behind public debates on drink, I don’t suggest that
`debates over drink are always simply a cover for something else; rather, concerns which are specific to alcohol (such as its
`potential impacts on social order or on health) have always been mediated by social context, have usually reflected cultural
`beliefs and have often driven political decision-making. Drink is not unique in functioning this way, but its special place in
`culture means that it can provide a distinctive lens for observing the complex relationship between individual consumption,
`cultural values and social power. In this sense, the drink question provides just one way of mapping social history. However,
`because drink continues to be an unresolved, contentious and confused political issue, providing a ‘long view’ of the
`development of public discourse on drink over time will, hopefully, provide a contribution that is of some relevance today.
`For advice, support, comments and discussion along the way, my thanks go to Peter Kavanagh, James Green, Dan Malleck,
`Catherine Carstairs, Norman Smith and everyone at the Alcohol and Drugs History Society, Betsy Thom, Kristin Doern, Sue
`Owen, Lucy Burke, Sue Vice, Andy Ruddock, Tom Moylan, Jim Harbaugh, Una McGovern, Colin Harrison, Angela McShane,
`Phil Withington and everyone at the ESRC network on Intoxicants in Historical and Cultural Perspective. Roger Morris and
`Alan Peck both helped keep me sane. My anonymous readers at Manchester University Press provided invaluable advice, and
`the editorial staff ironed out some ungainly glitches. They all did their best, what remains is down to me. The research for this
`book could not have taken place without the support of staff at the British Library and Bristol University Library, and it
`couldn’t have been completed without research leave provided by the School of Historical and Cultural Studies at Bath Spa
`University. The one person I couldn’t have done any of it without is Thanh, who put up with this project over the years and
`gave support when things got tough. I hope you like it. Above all, though, my thanks go to Khai and Lily for bursting in and
`brightening up my days: I treasured every interruption.
`Parts of this book have appeared in the International Journal of Cultural Studies and the Social History of Alcohol and
`Drugs and are reproduced with permission.
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`Notes
`1 A. Bullock and M. Schock, The Liberal Tradition: From Fox to Keynes (Oxford: Clarendon Press, 1967), p. 283.
`2 J. Greenaway, Drink and British Politics Since 1830: A Study in Policy-Making (Basingstoke: Palgrave Macmillan,
`2003).
`3 P. Sulkunen, ‘Images and realities of alcohol’, Addiction, 93: 9 (1998), 1305–12, p. 1308.
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