Rules? We Don’t Need Your Stinking Rules!
A very odd idea from Europe:
European traffic planners are dreaming of streets free of rules and directives. They want drivers and pedestrians to interact in a free and humane way, as brethren — by means of friendly gestures, nods of the head and eye contact, without the harassment of prohibitions, restrictions and warning signs.
Why? Because the law is so overgrown in the old country that it is (allegedly) ignored:
About 70 percent of traffic signs are ignored by drivers. What’s more, the glut of prohibitions is tantamount to treating the driver like a child and it also foments resentment. He may stop in front of the crosswalk, but that only makes him feel justified in preventing pedestrians from crossing the street on every other occasion. Every traffic light baits him with the promise of making it over the crossing while the light is still yellow . . . The new traffic model’s advocates believe the only way out of this vicious circle is to give drivers more liberty and encourage them to take responsibility for themselves. They demand streets like those during the Middle Ages, when horse-drawn chariots, handcarts and people scurried about in a completely unregulated fashion. The new model’s proponents envision today’s drivers and pedestrians blending into a colorful and peaceful traffic stream.
Ok, I get the concept, and I do think that the proliferation of law results in an enforcement loss on the margins. But there are two conditions to this experiment’s success.
First, it isn’t scalable. In absolute terms, big cities seem to me to be vastly harder to de-sign than small cities: the temptation to defect is higher; the benefits of cooperation diffuse; and the social sanctions easy to avoid. Similarly, homogenous and nondiverse populations like those that still dominate parts of Europe probably need less law than heterogeneous ones – a straightforward Shasta County idea.
Second, you still need private (tort) law. Even when the stop sign gets carted away, a reasonable duty of care remains. Further, that law has to be relatively well-appreciated to be effective. Therefore, the designers of the experiment must be sort of suggesting that we can remove law’s signs because the rules have been completely internalized.