It is very rare that I will encounter an individual that genuinely believes in our legal system to provide what we subjectively call “justice.â€
I don’t necessarily blame our executive and judicial branches for enforcing and interpreting the law; rather, the legislative processes that will often produce, for lack of a better word, “bad†laws.
A basic economics class will teach of price control, wage control and the effects that tariffs, quotas and other governmental actions have on the economy.
The other side of that story is less statistical and more empathetic and shows how the individuals react to these laws. During Prohibition, for example, organized crime provided a service for the market of alcoholic beverages.
As Milton Friedman once said, “There is no more fundamental defense against tyranny than the ingenuity of people in finding ways around the laws in which they disagree with.†He also points out, with a smirk, that during Prohibition, the people demonstrated their capacity of this.
In modern times, we have similar markets that are being provided by what most of society refers to as “criminalsâ€, because they are ‘breaking the law’ by providing a service that is demanded by the market.
Bad laws can cause a decline in the population’s respect for laws and the legal system as a whole. It is very difficult for an individual to take a citation for not wearing their seat belt seriously.
Think about it: when is the last time you have heard of your friend getting a ticket for jaywalking? Also, have you ever met a person who hasn’t broken the speed limit before? All of these types of laws have caused a watered-down, devalued legal system that makes us reevaluate our government.
As our society continues to decentralize because of technological advances and as our personal lives become increasingly choice-oriented, a one-size-fits-all piece of legislation in these times is becoming progressively more challenging to pass.
Our access to information allows us to consider how these laws will affect us personally and how they will affect others. For example, when the government decides to ban a product such as ‘clove cigarettes,’ individuals, specifically users, become disgruntled that their choices are being unilaterally limited.
When the government begins getting in the business of determining what our selections will be, there is a certain resentment that sets in from their voice being repressed from the argument. The population will sometimes choose to openly disobey the law (such as the Tobacco Ban on campus).
Think of it this way: when the government creates an oppressive law, they are making a law that forces us to do something or forces us not to do something. Even if it is for safety or the “public good†with the best intentions, they are imposing their authority and forcing compliance.
That is the great irony of elected officials. Many politicians want us to elect them so that they can make laws that tell us how to live our lives. They forget when they make these laws, they affect families and individuals; not robots that will do as commanded.
When elected officials choose to raise taxes on individuals, for instance, that money is coming directly from a family budget or a kid’s college fund — not off trees.
Regardless of political affiliation, we cannot be so narrow-minded as to disregard the ways in which a government action will affect others.
When legislatures pass bills and laws without this consideration and humility, we indirectly devalue our own legal system by undermining its legitimacy in the eyes of our population. As the historically driven Law of Unintended Consequences reiterates, we are not as smart as we think.
Jacob Sims is a history and political science junior. E-mail opinions@kykernel.com.
Nice rant, Jacob! Although you haven’t spilt the entire truth about our laws, you’re getting there. Just don’t forget these ideals of yours when you’re a lawyer or a politician (or some other cog in the system of injustice:).
Its perfect and its the same logic I have been preaching for years.oops preaching not me I smoke.
Jacob,
I appreciate your comments. I am researching legal briefs in the state of Utah right now as I try and digest some recent court cases that made the news. Have you read the book “The Law” by Bastiat (??SPELLING). Its a great read and while it was written over a hundred years ago, I think the principal behind it is important and still relevent in the 21st century.
As to Andrei’s comment regarding not to forget these “ideals…”, I think one can easily see where often times politicians, law enforcement officers, lawyers, etc tend to forget ideals in the name of “justice” or to get a conviction, win an election, and so on. How do we hold true to our values? I can’t be one to say I always have, but is a question certainly worth asking.