The Law – Growing Like a Weed
By Pater
Tenebrarum
In a recent
article at the Mises Institute entitled 'Decriminalize the Average Man', Wendy McElroy
writes:
“If you reside in America and it is dinnertime, you have almost certainly broken the law. In his book Three Felonies a Day, civil-liberties lawyer Harvey Silverglate estimates that the average person unknowingly breaks at least three federal criminal laws every day. This toll does not count an avalanche of other laws — for example misdemeanors or civil violations such as disobeying a civil contempt order — all of which confront average people at every turn.”
(emphasis added)
Along similar
lines, here is a brief excerpt from Chalres Norman Fay's 'Too Much Government,
Too Much Taxation', a book published in 1923 (!) on the
production of laws:
“The natural result of filling local and state legislative bodies with second- or third-rate men of small experience and limited education, who go there to make what they can out of the job; especially when coupled, as it is in most states, with the practice of paying them a per-diem allowance for time spent in session, is a flood of perfectly useless legislation.
Each alderman, representative, or senator feels, of course, that he is there to legislate, and that he ought to do something himself in that direction. Some bill must be introduced and passed that bears his name. The most enticing proposition to him is apt to be one involving the expenditure of public money in his district; or perhaps the regulating or controlling some other fellow whose ways he does not like; or per contra the throwing of something in the way of someone whom he does like.
[...]
There are a thousand reasons for introducing a thousand or more bills; and introduced they certainly are.”
(emphasis added)
In an interview
with the Austrian Economics Newsletter that he gave a while ago, Hans-Hermann Hoppe stated:
“The democratic ruler does not invoke the principle of private property to show that he is the legitimate ruler. He invokes the principle that no property is entirely private. It follows that these people are tempted to think of law as simply legislation.
Under democracy,
you can change law whenever you want. No one knows what the laws
will be tomorrow. In fact, hardly anyone knows what the laws are today, because
there are so many. In this way, democracy undermines the value of
property and undercuts long-term planning and decision making.”
We would submit
that while in the beginning, the flood of regulation and legislation of the
modern State was more or less the result of the factors Charles Fay describes
above, this jungle of laws and thicket of regulations in the meantime serves a
very specific purpose. By making a criminal out of everybody, as
all of us are every day bound to break a number of laws and regulations without
even knowing it, anyone who is disliked by the State or one its minions can
be made into a target to be harassed at will.
Once there are so
many laws that it would be simpler to jot down what isn't expressly forbidden
yet, it is completely vain to talk of the 'rule of law'. One has in fact
arrived in a state of tyranny – and an iron fist is hiding behind the velvet
glove.
As Ludwig von
Mises says in 'Omnipotent Government':
“The total complex of the rules according to which those at the helm employ compulsion and coercion is called law. Yet the characteristic feature of the State is not these rules, as such, but the application or threat of violence.”
(emphasis added)
Striking the Root
What prompted us
to write about this was an article we came across recently, in which the author
complains that “Regulators Repeat Exactly
What They Did During the Last Housing Boom” by failing to
implement certain provisions of the 'Dodd-Frank' Act, one of the government's
more weighty attempts (literally) to close the barn door long after the horse
has fled. It is actually quite ironic that the act bears the names of Messrs.
Dodd and Frank, who were among those most vociferously arguing in favor of the
government-instituted subsidies and market distortions that led to the massive
lending spree to borrowers who were not creditworthy. This is not to say
that bankers didn't act irresponsibly, but the very basis for their
irresponsible acts has been created by the government.
Our first thought
upon reading the article was, “what makes anyone think that a telephone book
sized tome of additional regulations can somehow make us 'safer'?” After all,
the mortgage credit market was already one of the most
over-regulated business activities in the country prior to the
housing bubble. In fact, it is a very good bet that the more regulations there
are, the more unsafe the financial system will become. This is so because these
regulations provide only an illusion of safety – by making
everybody think that they will 'prevent' another crash, they invite precisely
the kind of risk taking behavior that will in the end contribute to producing
the next crash (after all, everybody knows now that nothing can go wrong
anymore!).
In fact, all such
complaints fail to strike the root. If the privilege of fractional reserve
banking were repealed, there could be no more credit expansion that was not
backed by an increase in genuine savings. There would no longer be the need for
a 'lender of last resort' to bail out the banks when the inevitable busts
strike and bank runs ensue as the holders of fiduciary media try to save what
they can. The banking cartel could be immediately put out of business and
replaced with a free banking system, i.e., a free market in money and banking.
Would this require thousands of pages of regulations? Actually, no. The entire
regulatory framework for such a system would fit on the back of a napkin.