In early May, a monumentally irresponsible MBTA driver crashed his trolley into the rear of another. Proximate cause? Texting while operating a public conveyance. In typical fashion, the
Don’t get me wrong – I do not text while driving and do not support it. But this micromanagement of human behavior is precisely what earned
- Do not drink
- Do not take drugs
- Do not text
- Do not watch DVDs
- Do not eat pizza
- Do not read the newspaper (except the Globe – that’s OK)
- Do not shave or apply makeup
- Do not shampoo the dog
- Do not sauté food items on a hibachi
- Do not weed your window planter boxes
It is possible to take an entirely different approach, one based on outcomes rather than behaviors. Outcomes are countable while behaviors are infinite. For instance, the entire traffic safety code could be replaced with:
- Keep your vehicle under control at all times.
If you can drink, or text, or shampoo the dog while keeping your vehicle under control at all times, more power to you. (But you can’t – that’s the whole point). This approach would be elegant, efficient, and consistent with the principles of freedom on which our nation was founded. As a matter of fact, all of our laws could be re-crafted in this fashion. Thousands of pages of stultifying laws, regulations, and restrictions could be reduced to a few principled paragraphs.
But it will never happen – and here’s why. There would be no need for a full-time legislature. We would not need fancy offices and big salaries and retirement benefits and perks and multi-million dollar budgets for aides. Can you see your legislature giving up this cushy life they have crafted for themselves? No way – and it is you, dear citizen, who keeps voting (or failing to vote) and thus sustains the status quo. You must be satisfied with it.
Here in PA we have a charge of careless driving into which all of the above would fall depending on how a person was driving. There is also a charge for reckless driving which is for driving purposefully recklessly as opposed to careless which no intent is needed.
ReplyDeleteHowever our state reps also want to add a charge for all of the above whenever some stupid act performed while driving makes the evening news.
The problem is that there is a perception that the `public` needs the exact cause post disaster/tragedy spelled out in law. Which just proves your point. Many governing bodies feel the need to justify their existence by crafting laws that are not needed, but do address the concern of the day.
ReplyDelete