The Cage Guards against the Tiger only if We’re Outside it’s Bars

or if the tigers are outside the cage

Rules are wonderful constructs to keep us all acting in a predictable manner. There are rules at school, there are rules at work, there are rules on the web, there are a shit ton of rules for ownership, and there are rules for how to enforce other rules. Society works because we consciously follow all it’s rules all the time, right? Probably not.

The Public Good

The spirit of the law (motivation) is for the public good, or at least that’s my interpretation*. A majority of people understand and embrace a shared sense of values, but not at the expense of (non-violent) minorities.

A handful of rules make sense to each of us. They harmonize with our personal sense of right and wrong, and these are the ideals we embrace and choose to live by. The rest are at best reasonable guidelines, and at worst trample individual freedom. Unenforceable rules erode public trust in a common sense of justice. So why does each culture construct a legal system that defies any single expert’s ability to comprehend and interpret? The half lives of social rules and legislation are ill suited to modern cultures which are fragmented with diverse values. Don’t get me wrong, some old rules are our finest, but societies novelty filter for making new rules is out of whack.

the hacker’s abstraction of law

My hypothesis: the smallest intersection of rules necessary to maintain a functioning society is all that law should be. Rules can never replace reason when it comes to the nuances of lifestyle choice. The rest of the rules are noise and a tax on our society. A tax we can ill afford to pay.

Those who wield legal authority to cage personal freedom are no different than those who abuse the liberty of others outside of law.

Notes:
*= what public good means to me: peaceful coexistence with maximum individual liberty

One of the most attractive aspects of startups to me is their ability to disrupt the financial pillars of old thinking. It’s one thing if Apple’s market cap exceeds that of Exxon (not yet), but a real “magical and revolutionary” event would be the fragmentation of financial markets.

  • http://steamcatapult.com/ Dave Pinsen

    What do you mean by the “fragmentation of financial markets”?

  • http://www.victusspiritus.com/ Mark Essel

    Hmm, one example would be IPOs becoming a crowd sourced endeavor instead of a single banks backing.

    Another example might be distributed trading centers. Right now the majority of transactions happen through a few major brokerages (that take advantage of that knowledge?). Those few brokerages have all the knowledge for just long enough to profit from it.

  • Leland

    Mark I think the deluge of rules in our society is the result of members of our society constantly pushing the boundaries like children. If the law does not EXACTLY state that someone can't do something, they will do it in order to exploit others.

    It's a big game really. If only there were some way to enforce a law that could put common good towards your fellow man as the key motivator in life, instead of exploiting the system as much as possible to get ahead of him. I guess this is what communism attempted to do, but it just ended up in the top class communist party exploiting everyone else instead of everyone exploiting everyone. :(

  • http://www.victusspiritus.com/ Mark Essel

    It's a tricky case of feature creep. How many rules do we need to concern ourselves with to live a full and rich life?

    Maybe there needs to be an occasional review on existing codes/rules to ensure that they make sense for current cultures

  • Leland

    Right. I'm not sure where, but I remember reading something about how difficult it is to remove existing laws, but how easy it is to add new ones.

    Do you know how many laws exist in the american legal system? There are thousands and thousands. No wonder someone has to study law for four years just to be able to comprehend and defend someone in a legal court of law.

    Amazing what our society comes up with. :)