『Regulation Saturation』のカバーアート

Regulation Saturation

Regulation Saturation

無料で聴く

ポッドキャストの詳細を見る
REGULATORY SATURATIONPart Five — The Presumption Hidden Inside the WebIn the last four parts, we identified Regulatory Saturation.Thousands of laws, ordinances, regulations, codes, licenses, permits, and administrative rules accumulate until virtually every aspect of ordinary life falls somewhere within a governmental regulatory category.But regulation alone does not explain the power of the system.There is something underneath it.Presumption.And this may be the most important part of Regulatory Saturation.Because once government regulates almost everything, we begin to presume that government has authority over almost everything.Those are not the same thing.Think about what happens during an ordinary encounter with government.An official sends you a notice.It says you are violating an ordinance.What does the average person do?He doesn’t usually ask the government to establish the entire basis of its claim.He begins trying to comply.Or he argues that he didn’t do what they say he did.Or he asks how much the fine is.Or he asks how to obtain the permit.Notice what has already happened.Before the conversation even begins, several things may already have been assumed.That the government body possesses authority.That the official possesses authority.That the ordinance reaches this property or conduct.That the government’s interpretation is correct.That the factual predicates exist.That the required procedures have been followed.And that the person receiving the notice has the legal obligation asserted.Maybe every one of those propositions is correct.But there is a difference between something being correct and something being presumed correct without examination.That difference is where the Liberty Dialogues begins.We don’t start by saying:“The law doesn’t apply to me.”That is another presumption.We don’t replace government’s conclusion with our own conclusion.We ask:“Please demonstrate how you reached it.”That simple change is extraordinarily powerful.Because Regulatory Saturation has conditioned us to start at the end of the analysis.Government says:“You owe this.”We ask how much.Government says:“You need a permit.”We ask where to apply.Government says:“You are prohibited from doing this.”We ask what the penalty is.Government says:“This regulation applies.”We begin arguing about compliance.But what happened to everything before that conclusion?What is the authority?What is the jurisdiction?What facts trigger it?What definitions control?What is the person’s legal status under the provision?What creates the obligation?What authorizes enforcement?What process is required?Those questions matter because government does not exercise power in the abstract.Government exercises power against someone, concerning something, under particular circumstances.And those circumstances matter.Here’s a simple example.Suppose an ordinance says a permit is required for a certain category of commercial activity.The government says:“You need a permit.”Fine.But before arguing about the permit, ask:What constitutes the regulated activity?How does the ordinance define it?What facts establish that I am engaged in it?Are there exclusions?Are there exemptions?What authority allows this governmental body to regulate it?Who has authority to make that determination?What process applies if I disagree?Now we are examining the claim rather than simply accepting its conclusion.And notice something else.There is nothing radical about those questions.There is nothing anti-government about them.In fact, government operating according to law should be capable of answering them.The danger arises when questions themselves begin to be treated as resistance.When asking for authority is treated as refusing authority.When asking for jurisdiction is treated as denying jurisdiction.When asking for evidence is treated as denying facts.When asking government to demonstrate an obligation is treated as refusing the obligation.Those are not equivalent.A question is not a conclusion.That principle is essential.Because the remedy for one set of presumptions cannot be another set of presumptions.The citizen should not presume government is wrong.Government should not expect the citizen to presume government is right.Examine the claim.That is the discipline.And Regulatory Saturation makes that discipline more important than ever.Because the larger the regulatory system becomes, the easier it becomes for everyone involved to assume that somewhere, somehow, somebody already established everything necessary.The legislature authorized it.The lawyers reviewed it.The agency knows what it’s doing.The official must have jurisdiction.The computer says I owe it.The notice says I violated it.Therefore it must be correct.Maybe.But look at the word we just used.Must.Why must it?What evidence supports the conclusion?That is where presumption hides.Not necessarily in some sinister conspiracy.Often it hides in ordinary human ...
adbl_web_anon_alc_button_suppression_t1
まだレビューはありません