Nov

6

Alexander HamiltonWhen Hamilton and Madison and Jay wrote the Federalist papers, the legalities of regulation for the entire country of three million souls had fewer words than the municipal code now has for my yupurban town of 20,000. What that means, in practical terms, is that almost everyone here ends up being a part-time lawyer.  Here is a specific example: under our municipal code native oaks are a protected species if they are on "developed" land, and the homeowner needs a permit from the city to cut one down.  If, on the other hand, the tree is on "undeveloped" land, it can be chopped down without getting a piece of paper from the city hall if a "certified arborist" confirms that the tree is diseased or dying.  Needless to say, the periodic outbreaks of Sudden Oak Death represent a marvelous opportunity for certifications and redefinitions of what is developed and undeveloped dirt. Further restrictions on what limited liability entities can and cannot do will, of course, help feed lawyers, accountants and their children so they cannot be considered completely "bad" things.  But few, if any, of the authors of our Federal Constitution thought that the law could do very much to insulate anyone from the losses that are part of commerce.  They expected people to deal with the ups and downs of markets by exercising their wits and employing their common law rights of contract.  The most important illusion of current law makers is the notion that "the law" has positive meaning for individual citizens, that its actions represent anything other than a man-made tornado that can threaten their lives, without reason or warning.  That should not be surprising given how little real time our legislators spend in a bail bond office or the halls, chambers and rooms of a less than prestigious local courthouse. What is still, to me, at least a bit puzzling is how easy it is for the advocates of further regulation to avoid being asked "Qui Bono?"


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