Saturday, September 12, 2009

A Law Too Far

Drivers on California's highways and byways can more often than not be observed to be using hand held cell phones despite a state law prohibiting them from doing so.

The law is being ignored or deliberately broken even though it is not a nanny state one such those requiring the use of seat belts and helmets -- cell phone use by motorists does adversely affect the safety of others on and along the roadways. Thus it is like the late (and unlamented) 55 mph speed limit, which also was commonly violated to the chagrin of would be rulers who arrogantly presume they can alter public behavior simply by enacting a law.

Those who pass such laws ignore the following bit of wisdom from Napoleon Bonaparte:

One should never forbid what one lacks the power to prevent.

However, by so doing, feckless lawmakers actually serve the cause of freedom. Enacting foolish laws transforms normally law abiding individuals into outlaws. Widespread law breaking undoubtedly has a deleterious affect on society but coming to see themselves as outlaws is liberating for the law breakers -- they increasingly recognize and exercise their individual abilities to determine for themselves which laws deserve their respect and observance as well as those that do not.

Accordingly, lawmakers would do well to take into account both Napoleon's above-quoted maxim and its counterpart from Thomas Fuller:

If you command wisely, you'll be obeyed cheerfully.


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