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by crandycodes
852 days ago
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I disagree. If just expecting good outcomes worked, why would we have any laws at all? Before we had laws on child labor, we had children working and falling into heavy machinery. Before we had laws on food quality, you had to guess which milk provider was going to give you the least amount of formaldehyde poison. Before we had laws enforcing civil rights, over half the adult population in the US was disenfranchised. Was Western society exhausted at enforcing religious/ethical norms back then or is it just a recent thing? Using the "social contract" theory for why governments and countries exist, you could say that we don't need laws until we do. Once an undocumented part of the social contract (e.g. ethical or religious norm) is no longer sufficient to maintain the integrity of the contract, it must be written down and enforced via government as a last measure. I do expect my car manufacturer to sell me a car which is relatively secure. If they are failing to meet that expectation from society, then it falls to that last measure to enforce compliance with that norm. Laws are also often used to add clarify where there is ambiguity. Different cultures and religions have different norms. If those norms conflict (does the gender of my partner matter in a marriage?), it falls to law to clarify. It's a fair debate about how much guardrails should we put in. There's likely value in allow kids to hurt themselves as long as they aren't at risk of being permanently maimed or dying. It's a fair debate to discuss the root causes of criminal behavior, be it the issues with modern religion or systemic issues which prevent people from successfully participating in mainstream society and the economic opportunity therein. However, there is no value in allowing easily stolen vehicles (a good which has been regulated for almost a century) to be sold, where they can then be used to enable other crimes. |
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As those shared values are lost, the ethics built upon them erode, more laws are constructed. However, there comes a point where this system of check and balance can no longer function properly, and eventually, the system either becomes too unwieldy to function, or else the system is destroyed due to rebellion or anarchy.
Why? Because law is an attempt to encode ethics based on shared values. No culture which does not share values can long endure when attempting to solve the problem through increasingly complex rules with no underlying theme.