Posts Tagged ‘Laws’

Laws are made to be broken

December 7, 2017

This is from a before-dinner talk I gave recently.

image – open parachute

Today I return to a little paradox which leads to quite subversive thoughts. 

A few weeks ago I had a conversation with a lawyer. Have you noticed that even small talk with a lawyer takes on the character of an inquisition? If only laws were simpler we would not need lawyers, I thought. In any event, it made me think of the nature of the quality of laws. How should we define a good law? And what would be a bad law? 

Now, after a long evening you all need to wake up and follow my reasoning. 

There are only two types of laws. We have either the natural laws of the universe or we have the myriad laws invented by humans. Even the so-called laws of the various gods have all been invented by humans. Note that the universe does not bother with proclaiming its laws. They just are. The universe does not even care if humans get the formulation wrong. No threat or punishment is required because it is impossible to violate these laws. Without any compulsion, it is guaranteed that everyone will comply with these perfect laws. 

So we can say that if everybody complies with a law it is an indication of a law of the highest quality. Perfect laws are those which – without any compulsion – are followed by everyone. As are the natural laws. Worthless laws are those not followed by anybody. Like the speed ​​limits on some motorways in Norrland, for example. But, a law that is followed by everybody, without compulsion, is not needed – is unnecessary, is redundant. 

All laws written by humans always fall between these limits of being useless on the one hand or unnecessary on the other. It may seem logical that a society makes a law so that everyone will comply. But that thinking is in error. If everyone does follow the law, it becomes a redundant law. Without laws there are no law breakers. It is not only that law breakers are created by human laws, human laws need law breakers. Laws are established in the first place to prevent some human behaviors which society judges to be undesirable. But if everyone follows a law then that law is unnecessary, and if no one follows that law it is worthless. One could well say that law breakers perform a fundamental and necessary service for society. They keep laws alive. Without law breakers, there would be no need for laws or legislators or lawyers. In a heaven without law breakers, and therefore, without any law makers or lawyers, there is no room for a legal system to exist. Without a system of justice, society collapses. 

The paradox for today is that if everyone followed all laws, the legal justice system would vanish and society would implode.

A society and its legal justice system depend – existentially – upon its law breakers.

I am forced to the inevitable but very subversive conclusion that human laws are all made – not to be followed – but to be broken.

Now it’s time for dinner.


 

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