More than six out of ten people regularly commit criminal acts (in Britain, at least). Democratic governments seem to regard legislation criminalising particular forms of behaviour as the default, and indeed only, way of dealing with most problems and many things which are only perceived to be problems.

In that context, here are two interesting quotes about the consequences of over-legislation of criminal laws. One comes from this blog:

The problem is, they will outlaw almost everything while enforcing very little. Imprisonment by stealth. People will not know they are encircled until it is too late – like putting in all these very deep, robust fence-posts with no fence panels. All seems open. One day you will wake up and the panels are in, you are trapped and they can decide what law they wish to impose to nail whomsoever they desire.

The second is from Robert Jackson, Attorney-General of the United States, in 1940:

With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm—in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself.

Are we allowing ourselves to become encircled with fence posts?