Laws

A month after the Connecticut school shootings, the debate over gun control continues.  In response, many want tougher gun control laws; some want an outright ban on weapons; and others are resisting change to gun control laws.  Many people are purchasing firearms to protect themselves while others are protesting that the right to bear arms, codified in 2^nd Amendment, is outdated and no longer applicable. President Obama established a gun violence task force, led by Vice President Biden, to address gun violence.

Biden has said that there is no single to control gun violence.  At the same time, he has indicated that the task force’s recommendations may include a ban on assault weapons.  CNN is predicting a battle in Congress over a weapons ban.  Gun-rights advocates say a ban violates the 2^nd Amendment while others say a ban is needed to make us safer.  Will a law banning assault weapons make us safer?

As I’ve written before, the shooter in the Connecticut tragedy broke multiple laws before firing the first shot at the school.  For instance, by law, schools are gun-free zones, and the shooter stole legally-purchased guns and illegally transported them.  This incident demonstrates that laws themselves do not make us safer.  If laws don’t ensure our safety, then what is their purpose?

Laws are a collection of rules and instructions which are enforced through social institutions to govern public and corporate behavior.  Many laws define limitations or rules of behavior.  The legal philosopher H.L.A. Hart acknowledged that for laws to work, people must voluntarily accept the authority of those laws.  Without acceptance of the authority and the willingness to obey the laws, what is left is the authority to administer punishment for disobedience.

One could argue that laws make us safer, using traffic laws as an example.  But, it isn’t the law that makes us safer; it’s the obedience to the laws that keep us safe.  Laws themselves cannot force drivers to drive safely.  Posted speed limit signs don’t deter many drivers from speeding.  If caught speeding, the driver expects the consequence to be a ticket and a fine.  The traffic laws provide the limitations of behavior and the framework upon which to penalize the drivers who disobey.  Nevertheless, annually, tens of thousands of injuries and fatalities result when drivers exceed the speed limits.  The traffic laws haven’t eliminated auto accidents nor ensured the safety of the public.

I am not advocating the repeal or suspension of laws.  Laws are necessary; providing not only rules and instructions for the public, but also limitations on authority.  Laws set boundaries for behavior and as long as a person acts within those boundaries, those who hold authority are restrained from penalizing or punishing the person.  Legal authority cannot simply fine us or incarcerate us simply because they do not like our actions or behavior unless we break the law. 

My point is that we should be cautious when creating new laws.  Before a new law is passed, we must understand both the intended and unintended consequences.  And we should be aware of the burdens of having too many laws.  Over 2000 years ago, the Roman statesman Cicero wrote, “The more laws, the less justice.” The more laws created the more restraints on our behavior and the closer boundaries are set. 

As with many things, having too much of something is not a good solution either.  When the number of laws is large, both the enforcer and the citizen cannot remain aware of all of them and how they apply.  So, it is hard to avoid crossing the lines on lawful behavior if you aren’t aware of where the lines are drawn.  This allows disobedience through ignorance to be commonplace. James Madison wrote, “It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what is will be tomorrow."

When local and national leaders advocate new or stricter laws, contact them and urge restraint.  Request that they study and thoroughly understand the consequences of the proposed statutes and all that already exist.  Take the time yourself to learn what restraints these laws place upon your liberties and freedoms and make your voice heard.