The old saying goes, "Ignorance is no excuse for breaking the law," and there was a time in my life when I used to believe that.  From the perspective of a lawyer or judge, it's a necessity to believe that, because otherwise anyone could just sit on the stand during a trial and proclaim their ignorance and be free.  But the reality is, that tenant of our society is really based on an unspoken pact made between government, and the governed.  That pact has been broken.

It used to be very easy to decide what was legal and what was not.  For the most part, the law was merely a written form of common sense rules that most people didn't need to be told.  Whether you call it a "categorical imperative" or just common sense, most people knew what the laws were, and those few odd ball laws that existed, most people heard about because, well... they were different.  But can we say as much today?  I would answer, undeniably, that this is not the case, and it is having drastic consequences for our society.

The simple truth is that the law means nothing, absolutely nothing, without people who voluntarily obey the law.  There are not enough police, prosecutors, defense attorneys, judges, or time on this Earth to prosecute all the criminals that would exist if people didn't obey the law on their own.  Unless of course you want to dispense with the formality of a trial, in which case dispensing justice could be quite swift, though one would have a hard time calling it "justice" in that case.  The ugly truth is that there are already more criminals on the street than there is time to prosecute all of them today... and you're one of them.

You may be asking yourself... "So what's the problem Nick?  I'm a good and moral person.  I have no problem obeying the law on my own."  I have no problem obeying the law, and I'm sure you don't either... until the law conflicts with your desires.  That is the eternal conflict that all people have with the law.  I want to do something, and the law tells me I can't.  There's nothing new there.  But there was a time when the law only restricted us from doing things to other people, and didn't stop us from doing things that only affected ourselves.  What happens when the law prevents you from doing something you want to do... that only affects you?  What about a law the stops two consenting adults from doing something together?

Do you obey the law, or do you break it, and hope not to get caught?  Better yet, do you break the law without even realizing it?  When a law is passed that only governs your personal behavior, would you have any reason to even investigate the possibility?  This is America after all.  Often times people's first knowledge of one of these laws comes when they are accused of breaking it.  Of course by then, it's too late.

When your government tells you that you can't eat trans fats, or foie gras, smoke cigarettes, gamble even in the privacy of your own home, drink in a bar, buy a sex toy, get a certain type of loan, put up a basketball hoop (?!)... there comes a time when people begin to ask themselves what laws are "real" and which ones were just passed to make some special interest group happy.  (As a small aside, I compiled that list of things with links in less than 2 minutes.  Imagine what I could do with 20.)  We begin to decide for ourselves which laws we should obey, and which ones we shouldn't.  Moreover, police and prosecutors now have to decide which laws are important to prosecute, and which ones aren't.  Whether you go to jail or not isn't so much based on whether you're broke the law, but on blind luck.  And if someone doesn't like you... they'll find something to charge you under.  How's that for an encouraging thought?

Often times it's said that some people simply don't have respect for the law... but when these stupid paternalistic laws are passed, what does that say about those in government who obviously have no respect for us?  Every time one of these laws is passed, it degrades the common person's respect for the law in general, and makes us less likely to obey not just those laws, but all laws.

As we look at the rampant crime that faces many of our cities, it's important to also look at the explosion in repetitive, or stupid laws.  It's time to get back to common sense laws that everyone can agree upon, and concentrate our resources on enforcing those.  Ignorance shouldn't be an excuse.