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Laws, Arrests and Libertarians
Dec. 8th, 2014 09:17 amA prominent libertarian law professor tells his students “never to support a law they are not willing to kill to enforce.” This has come to prominence in light of the death of Eric Garner, killed while being arrested for selling cigarettes.
The quote "never to support a law..." is one of those things libertarians say that sounds profound but really isn't. We might as well say “never drive anywhere you’re not prepared to die getting to.”
In law, there is a risk that even a trivial offense, if the offender ignores the system enough, will result in a forcible arrest. In driving, there’s a risk every time one gets in a vehicle for even a short trip that the trip will end with a fatal accident. In driving, we recognize that, accept it, and work to make driving safer with things like airbags.
We should do the same thing with arrests. We should recognize that some people are going to get arrested for trivial matters because they simply won’t comply. However, we should work to make these arrests safer. If, to use the Cliven Bundy example, it’s safer to ignore the arrest and garnish the proceeds of his cattle sales, maybe we need to do that. But saying “reduce laws to reduce minor arrests” is like saying “reduce driving to avoid traffic accidents.”
The quote "never to support a law..." is one of those things libertarians say that sounds profound but really isn't. We might as well say “never drive anywhere you’re not prepared to die getting to.”
In law, there is a risk that even a trivial offense, if the offender ignores the system enough, will result in a forcible arrest. In driving, there’s a risk every time one gets in a vehicle for even a short trip that the trip will end with a fatal accident. In driving, we recognize that, accept it, and work to make driving safer with things like airbags.
We should do the same thing with arrests. We should recognize that some people are going to get arrested for trivial matters because they simply won’t comply. However, we should work to make these arrests safer. If, to use the Cliven Bundy example, it’s safer to ignore the arrest and garnish the proceeds of his cattle sales, maybe we need to do that. But saying “reduce laws to reduce minor arrests” is like saying “reduce driving to avoid traffic accidents.”
