Sunday, December 23, 2018

Overbuilt laws are no counter to eroded trust

From Atlas Shrugged by Ayn Rand, page 411
Dr. Ferris smiled. . . . . ."We've waited a long time to get something on you.. You honest men are such a problem and such a headache. But we knew you'd slip sooner or later - and this is just what we wanted."

"You seem to be pleased about it."

"Don't I have good reason to be?"

"But, after all, I did break one of your laws."

"Well, what do you think they're for?"

Dr. Ferris did not notice the sudden look on Rearden's face, the look of a man hit by the first vision of that which he had sought to see. Dr. Ferris was past the stage of seeing; he was intent upon delivering the last blows to an animal caught in a trap.

"Did you really think that we want those laws to be observed?" said Dr. Ferris. "We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against - then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with."

Watching Dr. Ferris watch him, Rearden saw the sudden twitch of anxiety, the look that precedes panic, as if a clean card had fallen on the table from a deck Dr. Ferris had never seen before.

What Dr. Ferris was seeing in Rearden's face was the look of luminous serenity that comes from the sudden answer to an old, dark problem, a look of relaxation and eagerness together; there was a youthful clarity in Rearden's eyes and the faintest touch of contempt in the line of his mouth. Whatever this meant - and Dr. Ferris could not decipher it - he was certain of one thing: the face held no sign of guilt.

"There's a flaw in your system, Dr. Ferris," Rearden said quietly, almost lightly, "a practical flaw which you will discover when you put me on trial for selling four thousand tons of Rearden Metal to Ken Danagger."

It took twenty seconds - Rearden could feel them moving past slowly - at the end of which Dr. Ferris became convinced that he had heard Rearden's final decision.

"Do you think we're bluffing?" snapped Dr. Ferris; his voice suddenly had the quality of the animals he had spent so much time studying: it sounded as if he were baring his teeth.

"I don't know," said Rearden. "I don't care, one way or the other."

"Are you going to be as impractical as that?"

"The evaluation of an action as 'practical', Dr. Ferris, depends on what it is that one wishes to practice."
Overcharging District Attorneys, nuisance lawsuits, and Special Prosecutors who can't find what they are looking for and end up bringing only process charges. These are all symptoms of the condition when the Mandarin Class undermine trust and overbuild regulations.

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