Thursday, August 11, 2011

Laws deriving from Rational Thought rather than Emotion

The best laws derive from rational thought rather than emotion.
Describe a specific situation in which a good law might derive from emotion rather than rational thought. Discuss what you think determines when the best laws derive from rational thought and when they derive from emotion.
___


In the United States, the passing of a bill into law is often a long, drawn-out process. The proposed bill is passed through different committees within the House and Senate where lawmakers debate its merits/downsides and make recommendations for revision. Most often than not, a given bill may be tabled, rejected or vetoed. Citizens often complain about how painstakingly slow it is for Congress to make decisions but the Forefathers designed lawmaking in a way that encourages debate and prevents haste decisions based on emotion. Indeed, the best laws derive from rational thought. However, sometimes it may be better for Congress to bypass the usual drawn out process when a certain law helps save lives or prevents imminent harm.

In general, the best laws are created in a process that involves thorough debate and analysis among the sharpest minds in the country. If the lawmaker is not well-versed in the subject of the proposed law, he or she will have the time to investigate what path best serves the country through independent research and consultations with experts. The process will also involve objective study of the utility and effects of the law conducted by non-partisan groups. Constituents will also have a chance to voice their support and objections to the proposed law in public forums. Such a process of thorough contemplation, of course, takes time and extra resources. However, the best way to come up with an "optimal" law is to support a system that encourages debate and hard-hitting analysis.

Many laws throughout history, however, have been passed based on emotion--and not on rational thought. Fear-based emotions felt by the populace may pressure lawmakers to act quickly. These laws are often passed in the wake of national tragedies or perceived dangers affecting the US. For example, some of these laws include those passed following a widely-reported school shooting or act of terrorism. Constituents are justifiably worried about the repeat of such atrocities and demand that their representatives immediately take measures to prevent future casualties. These laws may be based on good intentions but often, they probably do not make good policy. They may be overreaching in nature--trampling on the constitutional rights of innocent citizens, for instance. Another example of laws made based on emotion involves those of the anti-immigration variety. Immigrants often serve as scapegoats during times of national economic downturns and may be adversely affected by certain laws passed.

Indeed, there are instances when passing a law based on emotion may be good policy. First, the proposed law is urgent and will help prevent people from suffering imminent harm. Laws based on emotion are most likely to go through the legislative chambers quicker than those that are fiercely debated among lawmakers. Also, laws based largely on emotions might actually end up being good policy where the net benefits overcome the downsides. The results could be analyzed after the law has been in effect for a certain amount of time. However, it is more prudent to devote resources and studies to a bill before it is passed because this might prevent harmful consequences and save the government money from future lawsuits.

No comments:

Post a Comment