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Monday, June 1, 2015

Hope For Better Policy In The Age Of The End of Law

Many believe that bad policy results from bad information or a lack of information.  But what about the human dimension? What if the people making the decisions -- their values and priorities -- are the problem?

That intellectual candor and courage leads one to speculate that bad policy results not from a "lack of understanding," or poor or incomplete information, but rather from some very deliberate choices in policy, values and priorities. 

In short, many economic problems would not lie at the feet of misunderstandings. Rather, they might well be the result -- and intended as such -- of very deliberate, conscious choices.

Today, far too often, we see how cronyism affects the enforcement of laws, the enactment of regulations and the allocation of opportunities by those in positions to choose. 

When "who you know" begins to trump the rule of law, when connections trump legality, and when one's ability to survive (never mind, succeed) requires the willingness and ability to assert and defend one's rights, constitutional or contractual, then one can surmise we are in The Age of The End of Law.

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