Discover the Law

Most people in 3rd World countries (and even the emerging economies of today) don’t observe laws and rules. Is that because the probability of getting caught is negligible? Or are they inherently a “rules are not for us” bunch? Or is there something more to it?

Check out this comment by the legal scholar, Bruno Leoni:

“The Romans and the English shared the idea that the law is something to be discovered more than to be enacted and nobody is so powerful in his society as to be in a position to identify his own will with the law of the land”

Leoni is right. There’s only so much that can be enforced. Unless the majority agrees with the rules, it’s practically impossible to apply them.

The rules of most of the “non-law abiding” countries were enacted by their colonial rulers. Had they been discovered, they would have been in sync with the local customs and practices.

Could it then be that most people in these countries do not follow the rules because the rules and systems don’t align with local views and morals? It’s an interesting thought.

Of course, making laws based only on what the majority believes in is not always the right way to go. Otherwise, the caste system, triple talaq and honour killings would all be legal! There are never any easy answers…

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