| ▲ | Twey 2 hours ago | ||||||||||||||||||||||||||||||||||
The problem with precise law enforcement is that the legal system is incredibly complex. There's a tagline that ‘everybody's a criminal’; I don't know if that's necessarily true but I do definitely believe that a large number of ‘innocent’ people are criminals (by the letter of the law) without their knowledge. Because we usually only bother to prosecute crimes if some obvious harm has been done this doesn't cause a lot of damage in practice (though it can be abused), but if you start enforcing the letter of every law precisely it suddenly becomes the obligation of every citizen to know every law — in a de facto way, rather than just the de jure way we currently have as a consequence of ‘ignorance of the law is no excuse’. So an increase of precision in law enforcement must be preceded by a drastic simplification of the law itself — not a bad thing by any means, but also not an easy (or, perhaps, possible) task. | |||||||||||||||||||||||||||||||||||
| ▲ | ff317 an hour ago | parent | next [-] | ||||||||||||||||||||||||||||||||||
The reason speed limits make such a great example for these arguments is because they're a preemptive law. Technically, nobody is directly harmed by speeding. We outlaw speeding on the belief that it statistically leads to and/or is correlated with other harms. Contrast this to a law against assault or theft: in those kinds of cases, the law makes the direct harm itself illegal. Increasing the precision of enforcement makes a lot more sense for direct-harm laws. You won't find anyone seriously arguing that full 100% enforcement of murder laws is a bad idea. It's the preemptive laws, which were often lazily enforced, especially when no real harm resulted from the action, where this all gets complicated. Maybe this is the distinction to focus on. | |||||||||||||||||||||||||||||||||||
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| ▲ | RobRivera 2 hours ago | parent | prev [-] | ||||||||||||||||||||||||||||||||||
Precise law enforcement would motivate political will to proactively law change to be more precise and appropriate, or tuned, to the public sentiment. Imprecise law enforcement enables political office holders to arbitrarily leverage the law to arrest people they label as a political enemy, e.g. Aaron Swartz. If everyone that ever shared publications outside the legal subscriber base was precisely arrested, charged, and punished, I dont think the punishment amd current legal terrain regarding the charges leveraged against him would have lasted. But this is a feature, not a bug. | |||||||||||||||||||||||||||||||||||
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