The Death of
Common Sense

In 1994, Phillip K. Howard wrote a very insightful commentary about how attempts to legislate behavior have led to suffocating laws that do more harm than good. (If you can’t find a copy in the local library, check Amazon.com.)

We are subject to so many laws that it’s virtually impossible for anyone to be sure they have not broken some law that could be used as an excuse by some officials to impose fines, to confiscate assets (forfeitures) or even put any of us in jail. In spite of this, there seems to be a pervasive attitude that “there oughta’ be a law” to fix every alleged problem. For a long time, I blamed this syndrome on those liberals who are constantly trying to create a perfect society (in their own image) through coercion and punishment. But it seems that a very large part of our populace (including many conservatives) is in favor of more laws to attempt to “protect us” from every form of unapproved behavior. 

Sarbanes-Oxley was enacted as a knee jerk political response to the gross mis-management of a few large corporations by certain individuals. But that law is not about establishing an appropriate punishment for those who have caused harm to others. It’s about trying to force a change in corporate behavior in order to prevent executives from causing harm to investors. By definition, any law that attempts to prevent any sort of behavior creates victimless crimes. The mere failure to comply with any provisions of the law (even when there is no harm to others) makes us criminals who become subjected to the whims of those in power. 

If we really want to reclaim our lost liberties, we can begin by speaking out against those who loudly argue that "there outa be a law" in response to every problem they encounter or observe.




 

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