Earlier quoted context omitted.
I'm sorry, I should have been clear. The 'certainty of punishment' bit should be understood as a probability. The gist of it is that a person considering criminal behavior isn't worried about the severity of the punishment `S` in isolation, but also the likelihood (read: 'certainty') `C` thereof. Simplistically the deterrence model is `C*S`. An extremely severe punishment (execution!) with zero or effectively zero ch…
> My little thought experiment supposes a person who is drunk evaluates, before deciding to get in the car, the potential outcomes of drunk drive, while entirely convinced they won't harm someone. And just that last clause makes it clear that, at least at that time and place, that person is not going to be deterred by reasonable incentives against reckless behavior , because their judgment is impaired. Basically, you…
But isn't the risk of death a harm? That's what I'm driving at here. It's about where the line is drawn.
Should it be legal for someone to take shots at you as long as they miss? Drunk driving is the tip of an iceberg here.
> My point is broader: that our society seems to assume that most adult citizens, if not prevented by various nanny-state laws, will make such errors of judgment frequently enough for it to be a problem. Either that assumption is false, in which case our society is imposing huge restrictions on people that are not justified; or, even worse, that assumption is true, in which case I think our society is doomed.
This bit about a doomed society interests me. Why must society be doomed if it needs "nanny-state" laws to function? If society needs those to function and it makes them (society produces its own laws, after all), isn't that the look of a society that is succeeding? A society that regulation and fails to self-regulate is doomed, for sure.
Now then, the bit about 'most' adults needing such help doesn't come from anywhere. I agree it's a few. But if most adults don't need government incentive to drive sober, regulation preventing drunk driving abrogates a 'right' _they won't exercise_. Are their freedoms limited in that case? Or are laws against drunk driving highly targeted, impacting only the people who are driving drunk, getting them off the roads before they hurt someone?