Everything has a limit. The natural world is full of them. For example, there is no such thing as an unboilable liquid. Every liquid will boil if you heat it up enough. The same holds true for man-made things. It is impossible to build a mile-high brick tower with parallel sides, because after a few hundred feet, the weight of the bricks on top would crush the ones at the base.

(Source: physbot.co.uk)

There are mental and emotional limits as well. There is a limit to how much a person can remember or learn. There is a limit to how much stress a person can take, and so on.

Laws have limits, too. Many people mistakenly think laws are magic spells that alter behavior. Nothing could be further from the truth. Take speed limits, for example. How many people drive the speed limit? Hardly anyone. Almost everyone drives over the speed limit – most by a little, some by a lot.

If there were no speed limits, most people would drive faster, but only up to a point. This is because there are mechanical limits to how fast it a car can go, as well as psychological limits – such as the driver’s sense of fear.

Many people do not realize what a law is. Laws are not suggestions or friendly pieces of advice. They are enforced with violence. A law is essentially a formal threat. “Do this or else.”

People weigh risk when they make any decision, including whether to follow a law. Even if a law carries a very harsh punishment, it will not deter many people if there is a low risk of being caught. For example, in 19th century England, many minor crimes such as theft were punishable by death. Thieves were hanged in public before huge crowds. And while those people were gawking, pickpockets would take advantage of the distraction to steal.

In brief, laws are like language – they only work when a community is in near universal agreement on them. Imagine if each person in a town spoke a language differently. That language would be useless because the same word would mean different things to different people.

Fuck this guy.

Another point to consider is that since laws are made by imperfect people, there will be imperfect laws. Things which were once illegal are now legal and vice-versa. And in many cases, those bad laws were only repealed because many people were breaking them, and this put pressure on politicians to change them. All moral progress comes from lawbreakers – the abolitionists who defied slavery laws, the suffragettes who defied sexist laws, the anti-war protesters who defied draft laws, and so on. The United States itself was founded by outlaws.

Shakespeare wrote, “None call treason as treason if it prospers.” So it is with laws. If a group of outlaws are successful in getting a law repealed, they are no longer outlaws.

One last point to consider: there are limits to how well a law can be enforced. There is only so much that can be spent on police, courts, jails, and so on. Given that, the sensible thing would be to focus those scarce resources on preventing actual crimes – the kind that actually have a victim.

Laws can also have awful side-effects. In Boulder, CO, for example, the city built many speed bumps in residential areas to prevent speeding cars from hitting children. Unfortunately, those speed bumps also forced ambulances to slow down, and for heart attacks, a minute or two can make the difference between life and death. The speed bumps lead to a great increase in heart attack mortality.

Research in the USA supports these claims. One report from Boulder, Colorado suggests that for every life saved by traffic calming, as many as 85 people may die because emergency vehicles are delayed. It found response times are typically extended by 14% by speed-reduction measures. Another study conducted by the fire department in Austin, Texas showed an increase in the travel time of ambulances when transporting victims of up to 100%.

There are no solutions, only trade-offs. If you want to make A better, you will make B worse.

When most people hear of a problem, they reflexively say “there ought to be a law.” They ought to remember these words:

“The wise know that foolish legislation is a rope of sand which perishes in the twisting; that the State must follow and not lead the character and progress of the citizen;… that the form of government which prevails is the expression of what cultivation exists in the population which permits it. The law is only a memorandum.”
―Ralph Waldo Emerson