TED Community ยป Tod Bennett

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  • A comment on Conversation: Will we come to think that the societies ruled by law have failed their capabilities by underachieving? Is law likely to become marginal?

    Sep 4 2012: Question one rewritten:
    ------------------------------------
    Will we come to think that ...

    societies ___ failed ____ by ...
    ruled by law
    their capabilities

    under achieving?
    ------------------------------------
    The rest of the comment directs us to consider the issue
    of complexity. It specifically asks whether the current
    legal system will fail due to the accumulated complexity
    of the law. Finally we are asked whether the complexity
    makes any sense since its goal is to regulate social
    behavior. But regulate brings us back to regulation as
    a form of law.

    Using evolution as a starting point is interesting because
    evolution does not have a goal and therefore cannot fail to
    achieve a specific goal.

    Many of the answers refer to how the law has or has not
    affected society. Each case clearly sees the outcome as
    good or bad and answers the question accordingly.

    From an evolutionary point of view the law is one component
    of the fitness function. From a social point of view the law
    should inform individuals how different tradeoffs, and the
    expected results, are valued. From a personal point of view
    the law may be used or thwarted to achieve personal goals.

    "Will we come to think... ?" will be answered by people who
    have either succeeded because of the environment provided for
    them or failed because society did not provide what they needed.
    Most societies will have members in both groups.

    Should we rather ask:
    For each condition we want our society to meet, is creating
    and enforcing a law the way to get that result?

    Tod

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