The Value of Breaking the Law
Interesting essay on the impossibility of being entirely lawful all the time, the balance that results from the difficulty of law enforcement, and the societal value of being able to break the law.
What’s often overlooked, however, is that these legal victories would probably not have been possible without the ability to break the law.
The state of Minnesota, for instance, legalized same-sex marriage this year, but sodomy laws had effectively made homosexuality itself completely illegal in that state until 2001. Likewise, before the recent changes making marijuana legal for personal use in WA and CO, it was obviously not legal for personal use.
Imagine if there were an alternate dystopian reality where law enforcement was 100% effective, such that any potential law offenders knew they would be immediately identified, apprehended, and jailed. If perfect law enforcement had been a reality in MN, CO, and WA since their founding in the 1850s, it seems quite unlikely that these recent changes would have ever come to pass. How could people have decided that marijuana should be legal, if nobody had ever used it? How could states decide that same sex marriage should be permitted, if nobody had ever seen or participated in a same sex relationship?
This is very much like my notion of “outliers” in my book Liars and Outliers.