"Alex Tabarrok <[EMAIL PROTECTED]>" wrote:

> While middle-income Finns seem to find the system fair, some of 
> their wealthier countrymen wonder if they should even risk hefty 
> fines by getting behind the wheel of a car in the first place.

As usual, there are three main issues here:  Privacy, deterrance and 
culpability.

* Privacy

I wouldn't like the idea of the police knowing how much I make w/o a 
court subpoena.  How much more hated would the IRS be if the 
Treasury Department freely shared information with other law 
enforcement bodies such as the FBI for penal purposes?

* Deterrance

It certainly gets people where it hurts, not unlike jury-scaled 
punitive damages against big-money defendants in civils suits.  
Rightly or wrongly, the tobacco and gun manufacturers 
settlements/verdicts come to mind.  I think this policy is more than 
effective as a deterrant because no one can easily write off the 
financial loss.  The upside to speeding is limited in most areas due 
to traffic congestion, so the profit motive does not neutralize the 
deterrant effect as with the death penalty.

* Culpability

The idea of traffic violations defies legal logic for this issue 
because their prime purpose is deterrance: stop dangerous behavior 
before it hurts somebody.  In other legal spheres, like criminal 
law, a person or organization is punished only after another person 
or organization gets hurt (drug offenses not withstanding).  And, 
jail time is equally punitive no matter how wealthy a convict is, 
since most people in the US have the same life expectancy.  So, how 
does one calculate a punishment that fits the crime?

If I dare say, this exposes an inconsistency in the concept of 
government-born a priori regulations.  This arbitrariness would not 
be an issue if roads were private, where the usage rules and 
corresponding penalties would be shaped by market forces, not unlike 
the Terms of Service (TOS) enforced by various Internet service 
providers.  The concerns over the Finnish formula for punishing 
speeding are more than justifiable in the context of ethical 
principles.


Regards,

Sourav Mandal 



------------------------------------------------------------
Sourav K. Mandal

[EMAIL PROTECTED]
http://www.ikaran.com/Sourav.Mandal/

"In enforcing a truth we need severity rather than
efflorescence of language. We must be simple, 
precise, terse."

                      -- Edgar Allan Poe, 
                        "The Poetic Principle"





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