People do whatever they jolly well want to do. [pP]>x-men legends cd crack
Relatedly, Power and Control has a fine post, titled Coalition Warfare, in which he writes:[pP]>x-men legends cd crack
... I have yet to get an answer from any of my "we need a law" anti-abortion friends on why a black market in abortion services and abortion drugs would be a good thing.
All I hear is "if there was a law there would be no abortion". Sure. Well I suppose it is nice to have faith.
So what happens to policing and criminal justice when 300,000 miscarriages a year are each turned into a murder investigations?
His point, of course, is that whatever they law may say, a woman who wants an abortion will still have it. I think this assertion is exactly right; in fact, I think it's indisputable, even obvious. In my 40 years, I've observed that people do as they wish, even if their doings are bad for themselves or for others and even if the law makes their doings criminal. The human wish is a stubborn force. Only in totalitarian states where governments employs draconian measures are human wishes suppressed, and even then not fully. [pP]>x-men legends cd crack
This is why I put no stock in the proscriptive effect of criminal law. In evaluating a criminal statute, whether extant or proposed, the correct question is not, "What conduct does this law prevent?" I think we already know the answer to that; it prevents nothing. [pP]>x-men legends cd crack
"Is the prohibited conduct something we want to punish after the fact?" That is the correct question. If we assume, as safely we can, that people are going to do as they please, then we can ask ourselves which of their doings we want to sanction after they've already done them. [pP]>x-men legends cd crack
Asking the right question is important. If I thought the law actually shaped human conduct, I might support things like mandatory seatbelt laws and the prohibition on controlled substances. (Is there really a case to be made against wearing a seatbelt or for the use of crack cocaine? Come on, now.) But the law doesn't decide behavior. Our busy courtrooms and crowded prisons prove it. If the law determined conduct, I'd have the addict do the sensible thing and put the crack pipe down. But after he's already smoked the crack, what's the point in sending him to the penitentiary? (Incidentially, he will still indulge his habit even there.)[pP]>x-men legends cd crack
Whether it's liberals on gun control or conservatives on abortion control or both on drug control, they see the law as an expression of their aspirations. They want a society free of abortions, or guns or drugs, and they support laws that vent their wanting. But the law cannot translate one person's wants into another person's actions. People have their own wishes, and they prioritize them over my wishes or yours.[pP]>x-men legends cd crack
Every law reflects a moral choice. This is true even if we understand the law as a means to punish and not as a means to prevent. After all, we must choose whether to punish this conduct or that, and our values will inform our choosing. We're left, then, with a lot of room for disagreement over the kind conduct that should get people sent to jail. For example, some Americans will in fact want to pay the taxes necessary to pack our prisons with all the women who have early term abortions. But I'm guessing those Americans are in the minority.[pP]>x-men legends cd crack
For most of us, thinking about the law in terms of what it can actually do -- provide notice of punishable conduct -- rather than just what it can express -- an inexhaustible list of our unrealistic wants -- will temper our legislative ambitions. [pP]>x-men legends cd crack
In a nutshell, put it to yourself: "My own preferences notwithstanding, my neighbor is going to do (fill in the blank). Is this something I want him in jail for after he does it?"[pP]>x-men legends cd crack
(Thanks to Instapundit.)[pP]>x-men legends cd crack