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Showing posts from September, 2013

Beyond the Laws (A Nation of Laws, pt. V)

There is another side to imposing the least possible burdens on citizens:  namely, the citizens themselves have to behave in the most reasonable possible manner.  That's vague, so let me pose it in the form of a mathematical thesis:  any sufficiently unreasonable citizenry requires a despotic government. In other words, the more willing people are to violate the law, the more despotic the government must be. There can be no legal remedy for a people that will not obey laws in general.  You can tighten the laws and increase the punishments, but that is precisely what you are trying to avoid.  If people will not obey some laws, those laws could be adjusted; but if people will not obey laws in general, there is no solution beyond changing the culture of the society. People are inclined to obey laws that they think are just (see " Why People Obey Law ," which I have not read but it looks interesting).  But it is not sufficient if people only obey laws that they agree wi

The Cult of Safety (A Nation of Laws, pt.IV)

When I was growing up, swimming pools typically had a high diving board and a low diving board.  Swimming pools today only have a low diving board and a lower diving board -- lawsuits have made high dives too costly to insure .  I lived in a neighbourhood where we had a pool and a very popular waterslide.  The neighbourhood association had to increase the number of lifeguards to run the waterslide to three:  one at the top of the slide to tell kids when to go, one at the bottom, and one at the bottom of the stairs to check that kids met the minimum height restriction.  Obviously, this was expensive, because these lifeguards were unable to keep an eye on the rest of the pool while the slide was open, so there had to be at least 5 lifeguards on duty to operate the slide.  Even with all that, there was discussion every year about shutting down the slide, because it was basically uninsurable. What does this have to do with laws?  It relates to the idea, expressed in part III, that indivi

A Nation of Laws, pt.III

Thomas Aquinas asked:  what is the point of laws?  We know bad people will ignore them, and good people won't want to do those things anyway, so what good do laws do?  His answer was that laws help in the marginal cases -- people who might do bad things, but who are deterred by laws. It is important to keep in mind that laws do not work perfectly, as Aquinas noted.  While some will change their behaviour to obey the law, others will never have wanted to do what the law forbids in the first place, and still others will continue their behaviour even if it violates a new law.  Another group of people will attempt to continue their behaviour within the bounds of the law by looking for loopholes, exceptions, and work-arounds.  That will lead to calls for more laws to close the loopholes. More laws come at a cost.  There is an administrative cost, of course, but there is an equally important civic cost:  we expect people to obey the law, and to obey it, they have to know what it is -

The end of tipping

A recent article draws attention to several high-end restaurants that have eliminated tipping, and suggests that this might become a trend.  If so, I say good riddance. I'm glad to have the restaurant increase its prices and eliminate tips.  It's not the money; it's having to figure out how much to leave.  Not the arithmatic, of course, but the psychological burden of deciding how much a person deserves for bringing me food.  The whole server-servee relationship is awkward in America , where no one wants to be a servant and all but the very wealthy feel uncomfortable being served. The practice of tipping goes back to actual servants, whom masters offered additional incentives for difficult tasks or rewards for a job well done.  Americans originally didn't like the implied master-servant relationship when tipping was introduced from Europe, and the practice was fought on several levels:  some private citizens formed an Anti-Tipping League, while a number of state go

A Nation of Laws, part II

Let's suppose for a moment that you believe, as I argued in my last post, that we have too many laws.  The obvious question is, why?  One reason is what a friend of mine calls "government by anecdote":  something dramatic happens, and everyone says, "the government should do something about that!" I agree with him that this is a terrible way to govern.  Sometimes tragedies require immediate action, but usually they do not; often, there is nothing obvious that the government can do.  As a result, lawmakers resort to symbolic laws that have little or nothing to do with the tragedy itself.  There is a school shooting; Congress calls for banning "assault weapons," even though the definition of assault weapons is irrelevant to the shooting in question.  Maybe people would feel better if there were no guns with bayonet sockets or grenade launchers, but is anyone going to be any safer?  How many shootings have occurred using grenade launchers? The prima

A Nation of Laws?

Both conservatives and liberals spend a lot of time complaining about oppressive government, so you might think they would agree more often.  I think there are some issues where they do agree, and where they should co-operate because they can do something useful to reign in a government that sometimes get out of control. I found such an issue when I was reading the DailyKos website.  I visit the DailyKos because the people who comment there can be counted on never to say anything nice about a Republican or a conservative.  In that sense, they are much like mainstream news media, but are less restrained about their views and therefore give me a sense of the motives that underlie liberals' arguments.  On this occasion , I was surprised to find an article that I agreed with almost 100%.  The subject:  the state of Wisconsin was alerted to an animal shelter that held a deer, which is apparently against some state law or regulation.  They raided the shelter with an armed enforcement t