Tuesday, 20 August 2019

The Good Law/Bad Law Test

Is a law bad just because you don't like it? Is a law good just because you do like it? You and I are human and that means that sometimes our attitudes to law are that simply. I think you will agree however that that is not the most objective way to decide if a law is good or bad.

What if you were a conquered people, with foreigner overlords and there was no dispute at all that that was how things were. They make the rules and you have to live by them. Well even in such a situation laws would still need to be made to keep social order. Things as simple as traffic laws, or trading laws. In most cases you wouldn't enough notice that such laws existed.

But what about those laws that you did notice?

Again most would not be outrageous, the speed limit goes up or down, trading hours are extended or cut back. What about laws that were outrageous?

Here is where the good law/bad law test comes into play.

If your foreigner overlords brought in a law that provided abortion on demand, would you think that they had it in for you?

If your foreigner overlords brought in a law that provided for no fault divorce, would you think they had it in for you?

When your own Government introduces a law ask yourself this question:

If this law was introduced by a foreigner overlord would I oppose it?

If the answer is yes then it's a bad law.

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