[Bartweiss]

I'm not convinced about that.

Some organizations do startlingly well with good enforcement and a rule against circumventing the rules. Yes, that's subjective and messy, but it can actually work quite nicely.

Hell, it's basically what financial structuring laws are: a rule saying "no using loopholes if you find them". With that in place, it becomes surprisingly easy to address loopholes by punishing everyone who employs them.