Predictable Law

Our market economy thrives on innovation. Everybody wins when an entrepreneur creates a new and better product. Market economies are growing sum systems based on choice. Law - in contrast - is zero sum based on coercion. At least one of the parties doesn’t want to be in court. Losers balance winners. Transaction costs make it negative sum. Law is strong medicine: use only when needed. Entrepreneurial lawyers are already overmedicating us. More legal innovation is a drug we don’t need.

A reasonable person should know when he/she is acting in the law and when outside it. What we want from law is predictability. That is why our constitution
prohibited bills of attainder and ex-post-facto laws. That is why so many of us were outraged by the Kelo ruling.

I don't know who President Bush will nominate for the Supreme Court, and I don't care about Roe v Wade. I just want someone who will respect law, not make it. The law should not throw us too many surprises. A reasonable person should know when he is getting into trouble and when he is clearly within his rights. Slick lawyers and entrepreneurial judges shouldn't cheat us out of our certainty.

President Bush should give us a conservative.

Posted by Jack at July 3, 2005 11:41 PM