Law

Speeding

This entry was posted in Government Law Libertarianism on by

Don Boudreaux at Cafe Hayak tells this story:

There it was, in big, bold, black and white: “SPEED LIMIT 65”
As I drove on Saturday to a conference, signs with this crystal-clear message were displayed prominently along I-66, I-81, and I-64 in Virginia. And yet I disobeyed this command not to drive at speeds in excess of 65 MPH. I set my cruise-control on 73 (just shy of ten-miles per hour over the posted speed limit), kept it there, and enjoyed the drive. I even passed three or four patrol cars lying in wait for speeders. Not one pursued me.
And then opines:
This everyday driving experience and my mental experiment confirm that law is not just what the state says it is and only what the state says it is.
Except when the state wants it to be exactly what it says it is.
Law is much more nuanced, rich, and spontaneous than the state’s written rules.
But not near as nuanced, rich and spontaneous as it was prior to the state writing this precise law.
The real law on U.S. highways is something like the following: if weather conditions are decent and if traffic is not too heavy, then you can drive between five and ten miles per hour over the posted speed limit.
Which is not near as nuanced, rich and spontaneous as what used to be the law in many jurisdictions, e.g., Washington:
No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.
And then came maximum speed limits.
Back to Don:
No one legislated this rule; it’s not written down in any official statute book; it’s certainly not posted along highways. It evolved spontaneously from everyday practice and is now part of the expectations of all drivers — and, importantly, it is also part of the expectations of highway patrol officers.
This does seem to reflect everday practice. But both the law and the practiced rule represent a devolution from the days of no written maximum speed limits. And, in many cases, this cushion may exist via legislative intent as the penalties available for minor speeding infractions are nominal and enforcement is viewed as a poor use of officer’s time both from the perspective of revenue generation and highway safety. They want the big ticket reckless speeders as defined in their respective state statutes.
There is a fairly detailed review of state speeding laws here.

Where’s my grape tomatoes?

This entry was posted in Capitalism Economics Federal Government Law Law Enforcement Libertarianism Regulation on by

The joys of govm’t:

Yes, we are also protected from acquiring undersized tomatoes. And here we have a second reason why grape tomatoes are illegal. They’re too small ( freedom from size limits is only for cherry tomatoes or those in trusses ) and they are not sold in trusses…….
So there we have it, in the 4 years since the EU last passed a regulation about tomatoes, a completely new type has arisen which virtually wipes out the type they last amended the regulation for. Wouldn’t it be simpler simply not to have the regulation ?

Makes sense to me.
Via Virginia Postrel.

Smoking Assault

This entry was posted in Capitalism Constitution Culture Environment Health Care Law Libertarianism on by

Radley Balko warns of creeping nanny-statism:

The California state assembly is now considering a law banning you from smoking in your own car if your kids are riding with you.
Make no mistake, they’ll be in your home next.

Radley, you are correct. There shouldn’t be any additional laws necessary regarding this. Assault it pretty straightforward and the kids could certainly sue concurrently or later. It shouldn’t take many assault convictions and successful law suits to pretty much eliminated this problem.
I consider adults who smoke in cars or even in their homes with accompanying children to be a bit senseless, if not stupid.
On the other hand, if it is a privately owned establishment that is clearly labeled as a smoking environment then consenting adults should be free to patononize or work there without any outside interference.

Wasting Millions, Earning Billions

This entry was posted in Capitalism Constitution Culture Domestic Terrorism Economics Law Law Enforcement Libertarianism Regulation Taxation on by

First, via Hit & Run I learn that the american taliban bushies are not only running a ridiculous deficit but that they are also wasting millions of the dollars that they don’t have chasing down willing folks selling product to willing buyers. Come on feds, if there are assaults, rapes, fraud, extortion, etc., go after’m otherwise leave the people you are supposed to serve alone.
And, then I learn via Boing Boing that the guy who may or may not be the world’s richest man makes a portion of his billions selling furniture to the folks willingly buying product from the folks the feds are harrassing.
Ahhhh, the webs of commerce.