October 21, 2010

To Enforce or Not To Enforce, Is There A Question

Why are laws created? To protect us, generally, from potentially bad things - traffic lights, theft, truancy, forgery, battery/assault, ... etc.  Taxation - how does this "protect us?" Well, it provides our government with money to spend to ensure that we are protected - ie, police, firefighters, fixing roads, creating adequate education/schools, etc.

Of course, sometimes a long-standing law can become out-dated or obsolete due to technological advances and/or political or moral correctness.  In addition, some laws have more "bite" than others and, as such, those that we deem minor infraction type laws, are often not enforced to the same degree as major infractions.  Why is that? Have you ever driven through a stop sign on a rural road? Have you ever walked across a street where there is no cross-walk? Have you ever built something without obtaining a permit? Have you ever hired a contractor knowing that he (or she) was not licensed?  Have you ever gone to a movie in the same theater for which you only paid for an earlier different movie? Have you ever moved seats to a better section when you paid for the cheaper nose-bleed seats?  Have you ever driven above a specified speed limit?

Sometimes, the enforcement is lax, as well.  The simplest example is the last one above, "speeding."  Speeding is the slang term for driving faster than the posted speed limit.  If I am on the freeway, and the posted limit is 65 mph, and I look down, and I'm going 66 mph, I'm "speeding."  That said, it is also less than likely that a highway patrol officer will pull me over; why? Because the infraction is negligible.  And yet, could I get a ticket?  Should I?  At what speed does the infraction become serious?  And, why post a speed limit when it is not the actual limit?

Example 2: Is a building permit necessary to construct a home? No.  The purpose of a building permit is to ensure that certain code requirements have been met; but, whether they are or not does not depend on the filing of the permit.  That is simply the way that the city building inspector can confirm that the home is built, generally, to code.  It's also a great revenue producer.  The latter is unfortunately, the usual benchmark for a particular city, however.  If a permit is not generated prior to construction, the city will fine the owner, and require that the fee plus a penalty charge be paid, along with the late application for a permit - which, as long as the $$ is there, more often than not, is approved.  Moreover, oftentimes, the issue does not even arise.

Recently, in various sport leagues, certain laws have been tested by player infractions.  These laws, which have been on the books for awhile, are enforceable through very subjective penalties.  Should laws be enforced to the letter of the particular law?  If this were done in each game, the game would never end.  Each time an infraction is called, the clock stops.  Think of basketball, where infractions up and down the court cause longer delays, and a choppy game.  This same feeling would occur in life, and, frankly, there are not enough policemen, judges, and other public personnel to enforce all laws to the tee.

What are your thoughts? What do you think?

Have A Great Day!

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