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Of Regulatory Law

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I imagine that most of my readership will be familiar with the term "regulatory law," or at least its definitions, and if not that, then at least its currently existing examples. When I speak of regulatory law, I am speaking of laws imposed (either by a collective will or by coercion of a ruler) on the public, which seek to regulate certain activities in order to prevent certain corruption, excesses, and other undesirable effects. A regulation is not a prohibition -- it doesn't cut off the stream, so much as it narrows the channel. The idea behind a regulatory law is that to cut it off completely, or to let it flow unhindered, that both of these extreme policies are either impractical, impossible, or produce more harm than good. A good example of regulatory law would be an act proposed by congress that limits the amount of forests logging companies are allowed to cut down. This data has been generated with the help of GSA Content Generator DEMO.


If they allowed loggers to cut down as many trees as they want, the result would be heavy and damaging deforestation; whereas if they didn't allow any loggers to cut down any trees, the result would be a lack of available timber. One option damages the ecology, the other damages economy. Some may say that the law being passed is a compromise between environmentalists and business executives, but this isn't exactly accurate. A congressman or senator might look at the situation and feel both the needs of environment and economy, and feel that such an act regulating the lumber economy would produce the greatest benefit for the nation. An example of a restriction, or a "prohibitory law," would be nearly any form of crime that has existed for the past millenium: threatening someone's life, attacking someone unprovoked and without cause, killing someone, stealing someone's property, etc., etc.. There is no leeway with any of these crimes. As far as the law is concerned, there is just cause in completely cutting off the flow of any of these actions from happening.



And the legislators have just cause to believe their decision is right. Here, I hope I have clarified the difference between a regulation and a prohibition, and the importance of recognizing the difference. As my readership should be well aware: I have written at length elsewhere about basic functions, mechanics, and behaviors of the economy, responses and reactions to certain stimuli by economic agents, etc., etc.. And, as well, I have also proposed certain ideas and thoughts that could be manipulated by statesmen to enact a much more just form of political economy. By the term "a just political economy," I am implying an economic system where wealth distribution aims closer towards those who produce the wealth (the real meaning of justice), while mainting a higher, more dignified regard for personal rights of the individual. I am not going to describe any of these suggested reforms right here, because they are available to my readers and I have succinctly made my point about the difference of regulation and prohibition. Regulatory law is where Socialism meets Liberalism; or what might be called the highest form of Liberalism, the lowest form of Socialism.


Human society and its laws may accurately be called a translation of personal society and ethics. The rulings of a society's high courts and congresses usually reflect some degree the opinion of the people in that society. Humans have used regulation as a personal ethic in countless cases. There is the often-quoted, ill-practiced "all things in moderation" -- what some have mistaken as an equivalent for "abstinance." As a very simple example, take a man who will drink only six beers every night, and not allow himself to drink more than this. His reasons might be plenty and quite justified. Perhaps the desire to intoxicate is still present after six beers, but after six beers, the intoxication obtained is displeasurable or overly-impacting. Or, perhaps, the desire to intoxicate is even more present, and the pleasure obtained from drinking more than six beers is even greater, but this man knows that it will only bring him pain, misery, and a hell of a hangover in the morning -- so, he makes a logical decision and decides to set a limit for himself; he refuses to drink more than six beers.


Maybe this is an incredible person, and he is capable of restricting himself to only six beers even in social situations where everyone else drinks three times as much as he does. Whatever the reason or desire, it is quite clear that this man has put a regulation on himself: he has decided that to let some of the water flow in the riverbed is better than either no water or all the way. Essentially, regulatory law operates as a restriction to a desire that would otherwise cause greater harm than good. From man's ability to tame, conquer, and regulate his own desires so as to create the greater good for himself and his conscience, there arrose laws from man's society on restricting certain behaviors. And this, my dear reader, is regulatory law. Now, https://essayfreelancewriters.com/blog/how-to-write-a-500-word-essay/ might be: why? Why should we study regulatory law? What purpose and, effectively, what use could it possibly offer us?


oarmstronghedegaard6

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on Mar 07, 20