Tuesday, January 18, 2022

"My sense is that a law or regulation is at best an opening bid. Is it binding, legally or morally? Maybe..."

"... but the presumption should be neutral at best, or, realistically, highly skeptical. After all, laws and regulations are the products of legislators and bureaucrats, who are presumptively corrupt and dishonest. And everybody know that, really."


Somin's piece is at Reason. Excerpt:
The obvious criticism of views like King's is that many people may have poor judgment about which laws are unjust. For example, those who stormed the Capitol on January 6, 2021 likely believed that enforcement of the laws against doing so would be unjust, because (in their view) Donald Trump had a right to stay in power. Similarly, both left and right-wing terrorists often believe they are justified in violating laws against murder and assault.

But the risk that individual citizens may be mistaken about matters of justice has to be balanced against the danger that government can be wrong about such things, as well. Even in democratic societies, there is a long and awful history of the latter. Throughout American history, many more people have been killed and oppressed by unjust exercises of government power than by individuals acting on mistaken assumptions about which laws are morally defensible. The toll of slavery and segregation (both imposed by law) alone easily outweighs that of all morally motivated private disobedience to law combined. The extent to which people should defer to the government's judgment on questions of justice depends heavily on how good that judgment is. All too often, the answer is that it is, at best, highly unreliable.

I'm not agreeing with everything I'm quoting. I'm offering it as worthy of contemplation and debate.