Earlier quoted context omitted.
On the other hand, those thousands of crimes on the books exist because American society operates under a norm of "if its not explicitly illegal then its fine for people to do it". See for example, the rhetoric around maximizing shareholder value. If the only way to protect yourself from selfish people is if their actions explicitly illegal, then the logical outcome is to make more and more things explicitly illegal.…
> If the only way to protect yourself from selfish people is if their actions explicitly illegal, then the logical outcome is to make more and more things explicitly illegal. Except that that isn't the only way to protect yourself from selfish people and the assumption that it is is the source of a significant proportion of the dumb laws. There is a narrow class of things that have to be prohibited by law because the…
As a society plunges into dysfunction due to economic stress, the number of people harming one another increases. If the society responds using more laws, and fails to correct the source of the dysfunction, it will eventually collapse under the weight of those laws as enforcement becomes uneven and politically driven. (This is the failure mode of legalist and bureaucratic states.) Alternatively, if the society responds with a more arbitrary case-by-case system of punishment, it will collapse into mob rule or dictatorship, so lack of structured law isn’t a solution either.
The only real solution is to fix the root problems facing the society. Antitrust helps with this because it can “unstick” parasitic incumbents who are preventing the market from dynamically responding to real economic conditions.