Special interest law not always bad (was: Laws and the law)

Russell Turpin deafbox@hotmail.com
Thu, 29 Nov 2001 21:20:27 +0000


Jeff Bone writes:
>What I mean to say here is that we have a tendency to accumulate 
>special-interest law at an alarming rate. ..

Special-interest law is not always a bad thing. There
are different domains of human activity where some kind
of law is needed, and I don't see the advantage of trying
to construct generic laws that badly fit them all.

A classic example is COLREGS, the laws that govern the
navigation of vessels on navigable waters:

  http://www.sailingmatters.com/education/colregs/default.htm

These combine elements that are essential (each vessel must
keep a good watch), with element that are entirely
conventional (sailing vessels on starboard tack are stand-on
with regard to sailing vessels on port tack). A different
set of laws might do just as well, as long as some of the
more essential elements are respected. But whatever set of
laws were adopted for this purpose:

* They need to be uniform. Obviously, things will work
   poorly if I follow one set of rules, and boats from
   Louisiana follow a different set of rules.

* They have no particular relevance outside their special
   domain. They add no complexity to Jeff's life, beyond
   the cognizance that there are new rules he might have to
   learn if he wants to operate a boat.

* They cannot be implemented through contract. Their
   significant advantage is that they are one set of rules
   for everyone on the water.

Regards,
Russell




_________________________________________________________________
Get your FREE download of MSN Explorer at http://explorer.msn.com/intl.asp