Tuesday, March 1, 2011

Legislation

De Tocqueville talks about the"defective and incomplete" legal system and law making in America. He says "American democracy if often clumsy, but the general tendency of its law is advantageous." I wonder what the general tendency of law is. It seems that he is suggesting that Americans can afford to make laws that are bad laws in order to maintain democracy because those are all "retrievable mistakes". I feel that a legislation system should be the most important system in any country because it is most directly influential to a county's citizens - both the majority and the minority have to obey the law. Passing "bad" laws just to make sure everyone is happy seems not efficient at all. However, even though aristocracy has the benefit of having a more skillful legislation, we obviously do not choose it over democracy. What is a bad law then? A law that is noticeably wrong? From who's point of view? Or should a bad law be a piece of useless and defective writing for the perfunctorily purpose of reinforcing the status of the government. A democracy is hard to maintain just like de Tocqueville mention because it is hard when it comes to counting every single person. But because everybody is involved, the decision people made is the best decision. So I guess laws that were made by the people, no matter good or bad, are always beneficial since democracy is practiced? 

1 comment:

  1. Athena,
    I wonder if thinking about health care would help us sort through this? The abstraction about what is a flawed by acceptable law seems, to me, to muddy the discussion. Public transportation might be another example of an area of life that American democracy seems not to serve well in contrast to South Korea where a strong central government made it happen.
    LDL

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