We have some activity. We see no particular reason to prevent people from doing that activity. We see no good reason for people to do that activity. We have a proposed law that makes that activity illegal. Do I endorse that law?
The only case I can think of where I’d say yes is if the law also performs some other function, the benefit of which outweighs the inefficiencies associated with preventing this activity, and for some reason separating those two functions is more expensive than just preventing the activity. (This sort of thing happens in the real world all the time.)
Can you think of other cases?
I agree with you, by the way, that liberty-as-applause-light is a distraction from thinking clearly about these sorts of questions. Perhaps efficiency is as well, but if so it’s one I have much more trouble reasoning past… I neither love that law nor hate it, but it is taking up energy I could use for something else.
As pointed out here, tribal traditions tend to have been adopted and maintained for some good reason or other, even if people can’t properly explain what that reason is, and that goes double for the traditions that are inconvenient or silly-sounding.
Pace Chesterton, I don’t see that much difference, especially when the context changes significantly from decade to decade. If there’s a pre-existing law preventing the activity, I will probably devote significantly more effort to looking for a good reason to prevent that activity than for a proposed law, but not an infinite amount of effort; at some point either I find such a reason or I don’t endorse the law.
Well, OK, let’s examine it then.
We have some activity.
We see no particular reason to prevent people from doing that activity.
We see no good reason for people to do that activity.
We have a proposed law that makes that activity illegal.
Do I endorse that law?
The only case I can think of where I’d say yes is if the law also performs some other function, the benefit of which outweighs the inefficiencies associated with preventing this activity, and for some reason separating those two functions is more expensive than just preventing the activity. (This sort of thing happens in the real world all the time.)
Can you think of other cases?
I agree with you, by the way, that liberty-as-applause-light is a distraction from thinking clearly about these sorts of questions. Perhaps efficiency is as well, but if so it’s one I have much more trouble reasoning past… I neither love that law nor hate it, but it is taking up energy I could use for something else.
Proposed law, or preexisting law?
As pointed out here, tribal traditions tend to have been adopted and maintained for some good reason or other, even if people can’t properly explain what that reason is, and that goes double for the traditions that are inconvenient or silly-sounding.
Pace Chesterton, I don’t see that much difference, especially when the context changes significantly from decade to decade. If there’s a pre-existing law preventing the activity, I will probably devote significantly more effort to looking for a good reason to prevent that activity than for a proposed law, but not an infinite amount of effort; at some point either I find such a reason or I don’t endorse the law.