Why Do We Have Laws?

Why Do We Have Laws?

Do laws exist because we are incapable of governing ourselves, as many government officials seem to believe? Or, do they exist to set safe boundaries, much like a fenced-in yard, to allow us to operate freely within those boundaries? The latter alternative works best.

When our children were little, I always felt safe in letting them play outside in a securely fenced yard. They created every imaginable kind of game: kickball, hide-and-seek, treasure hunts, relays, imaginary kingdoms, jungle adventures, tree-climbing—you name it and they played it. They kept themselves occupied for hours without my having to intervene or supervise, other than to authoritatively settle an occasional squabble.

The fence set the boundaries. It kept the kids close to home base—safe from wandering off and getting lost. It kept the neighbor’s mean dogs and the local bully away, and they were in no danger from cars in the street. It also protected others, as it kept the kids out of the neighbors’ flowerbeds and utility sheds. They had plenty of space in which to play, but little danger beyond the normal pitfalls of physical adventure, such as splinters, falls, and bumped heads.

Appropriate laws, those based on moral values and valid rights, are like the fence in the back yard. They set boundaries for us within which we can operate safely and ethically. They tell us what we cannot do, just as a fence tells us where we cannot go—we cannot tromp through others’ property or take their goods. Good laws keep us safe from those that would hurt us: the bullies, nasty predators that could attack, large obstacles that could run us over. Wise laws keep us close to our home base of individual freedoms in an environment of liberty. With the guidelines they offer, we won’t wander off and get lost in oppressive regulations, bureaucratic entanglements, and shady backroom deals.

Good laws leave us with plenty of open space in which we can operate. Like children playing every imaginable game in the back yard, we are free to create businesses, groups and organizations, private endeavors, and talented adventures of our own. Within our boundaries, we have immense latitude to invest ourselves in our own interests and abilities.

While the limited government here suggested may be needed to occasionally settle a squabble, it otherwise requires little maintenance. It will not prevent the falls, scrapes and bumps of ordinary life, nor does it feel compelled to compensate us for them. The pitfalls are a part of ordinary living. Healthy people accept them, work around the occasional pain they create, and learn from them.

Not everyone “gets” this approach to law. Some think we need excessive laws because we are unable to police ourselves. Much like parents who insist their children will surely hurt themselves if unsupervised, lawmakers believe they must sit in the back yard and direct our every movement. Like hyper-attentive mothers, they stymie growth and creativity to prevent the normal bumps and falls of everyday events and efforts.

Just as children who are constantly supervised lest they experience normal life become timid and incompetent, so citizens who are over-supervised also lose their ability to self-supervise. The solution is not more supervision. That old saying, “If you do what you’ve always done, you’ll get what you’ve always gotten” applies here. It will take thoughtful, individual effort and time, but the long-term solution is less intrusive laws, stronger, more independent families, and an education system that prepares children to be self-governed.

Let’s get started!