The pervasive approach in modern reform is " here's a
human problem lets deal with it". Other variations
include "the market has failed" or "the market
is not performing satisfactorily" or "we cannot
tolerate this injustice". When there is a human
problem there is a pressing urge to do something
about it which means invoking government power
involving regulation, bureaucrats and tax payers money. This
approach is the root cause of the escalating problems which
confront western society. The west is going backwards
when it could be progressing.
Human problems sometimes can be dealt with through
legal reform, provided the balance between freedom and
individual responsibility is maintained. Modern law
reformers have been unconcerned about this balance.
There are many problems which cannot be legislatively
dealt with (e.g. homeless children). Law can
complicate the problem.
In other situations the existing law may give
rise to problems. Any legal regime will inevitably
raise problems and injustices, given the
imperfections of law makers, judges and
administrators, given the conflicting and often
irreconcilable demands which human interaction create and
given the uncertain environment in which we live.
There is a fundamental fallacy in "the here's a
problem lets find a solution mentality". A focus on a
problem without a sense of perspective of all
relevant factors has been a cause of a great deal of
counterproductive legislation.
There are many other adverse consequences of the
"here's a problem reform". Some of the other
criticisms of the approach are (i) that change
has been effected merely focussing on the
weaknesses and the problems, without an appreciation
of the many situations in which the existing law may
have operated successfully, (ii) the reformists seek to
achieve change through legislation and bureaucratic
action which has many pitfalls not foreseen and not
understood by the purported reformers, (iii) the law often
moves away from fault as the basis for
individuals' liability and responsibility, and
(iv) the cumulative effects of law on freedom and
the cost to the tax payer are not appreciated. I
emphasise the word "cumulative" in the previous
sentence. The reformer focuses on a particular
problem and legislates - the cumulative effects of numerous
and manifold efforts to deal with problems involve a massive
interference with individual freedom and a burden
on the individual and business taxpayer. The
private enterprise system has been crippled by the
cumulative effects and burdens of regulation and
taxation which, among other things, lead to
unemployment. All this has led to
counterproductive reform.
Some of these arguments and others are brought together by Spencer in The Man versus the State, London (1940) pp 29, 30,
31, 34:
... The extension of this policy, causing extension of corresponding ideas, fosters everywhere the tacit assumption that Government should step in whenever anything is not going right. "Surely you would not have this misery continue!" exclaims someone, if you hint a demurrer to much that is now being said and done. Observe what is implied by this exclamation. It takes for granted, first, that all suffering ought to be prevented, which is not true: much of the suffering is curative, and prevention of it is prevention of a remedy. In the second place, it takes for granted that every evil can be removed: the truth being that, with the existing deficiencies of human natures many evils can only be thrust out of one place or form into another place or form, often being increased by the change. The exclamation also implies the unhesitating belief, here especially concerning us, that evils of all kinds should be dealt with by the State. There does not occur the inquiry whether there are at work other agencies capable of dealing with evils, and whether the evils in question may not be among those which are best dealt with by these other agencies. And obviously, the more numerous governmental interventions become,the more confirmed does this habit of thought grow, and the more loud and perpetual the demands for intervention.In an imperfect world, injustice and minority oppression are inevitable. An attempt to deal with these problems within the framework of values and institutions of the tradition provides methods and avenues of gradually redressing injustice. The wrong turning in western society lies in the attempt to focus on problems of perceived injustice without a sense of perspective. Spencer (quoted above) effectively highlights the problems of interventionism.
Every extension of the regulative policy involves an addition to the regulative agents - a further growth of officialism and an increasing power of the organization formed of officials. ...
He contemplates intently the things his act will achieve, but thinks little of the remoter issues of the movement his act sets up, and still less its collateral issues. ... Even less, as I say, does the politician who plumes himself on the practicalness of his aims, conceive the indirect results which will follow the direct results of his measures. ... Dwelling only on the effects of his particular stream of legislation, and not observing how much other streams already existing, and still other streams which will follow his initiative, pursue the same average course, it never occurs to him that they may presently unite into a voluminous flood utterly changing the face of things.
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