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The limits of law : Comments
By Katy Barnett, published 22/1/2010A good law has to set up a system of incentives to make people keep it along with disincentives to stop them breaking it.
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In another life I would have been a lawyer. But in this life I’m just a very frustrated person as result of the most glaring examples of regulators playing up! They assert particular points of law and then fail to regulate them in anything like an efficient or fair manner. They fail to be interested when I make complaints about law infringements. They effectively teach us underlings that the written law is not the law and that something different really applies, despite continuing to assert vocally that the law does apply as written. Aaaargh!! (:> 0
I am particularly affected by this with the police regarding road safety law and with the code of conduct and other rules in my workplace!
<< Nor do I think that the presence of discretion on the part of regulators is necessarily a bad thing, as long as there are appropriate checks and balances to ensure that it is not misused. >>
Agreed. But this discretion has got to be written into the law. If the law states something in black and white terms then a regulator should not have the right to turn a blind eye to some infringements while bearing down heavily on people over others or letting some people go scot-free while copping others for just the same infringement.
We can’t have a situation, which is evident with the policing of many road rules for example, where the police turn a blind eye to minor infringements of all sorts, thus leading the public to understand that lots of things are not policed at face value, and then have a blitz and bust people who don’t observe the absolute letter of the law.
The fostering of a respectful relationship between citizens and regulators is all-important. But when this happens, good drivers get alienated by the cops and general respect for the law suffers accordingly.