Comments on: From the New Property to the New Responsibility http://www.concurringopinions.com/archives/2006/12/from_the_new_pr.html The Law, the Universe, and Everything Sun, 22 Nov 2009 08:31:00 -0700 http://wordpress.org/?v=2.8.3 hourly 1 By: David S. Cohen http://www.concurringopinions.com/archives/2006/12/from_the_new_pr.html/comment-page-1#comment-56130 David S. Cohen Mon, 04 Dec 2006 20:45:13 +0000 http://www.solove.org/archives/2006/12/from-the-new-property-to-the-new-responsibility.html#comment-56130 I'm not at all familiar with the literature, but my problem with this approach is what happens to these people after they are denied benefits because they are "bad apples." Presumably, they'll continue behaving the same way (because no one is now telling them otherwise), just taxing the system even more - they'll get sicker and use ERs more; they'll be out on the streets causing more problems with more people; etc. But, if they're in the system, even if they're not complying at present, they'll have people urging compliance and maybe they will on the fifth or tenth time. After all, ingrained behaviors don't change overnight. I think of this problem more in terms of harm reduction than being punitive. I’m not at all familiar with the literature, but my problem with this approach is what happens to these people after they are denied benefits because they are “bad apples.” Presumably, they’ll continue behaving the same way (because no one is now telling them otherwise), just taxing the system even more – they’ll get sicker and use ERs more; they’ll be out on the streets causing more problems with more people; etc. But, if they’re in the system, even if they’re not complying at present, they’ll have people urging compliance and maybe they will on the fifth or tenth time. After all, ingrained behaviors don’t change overnight.

I think of this problem more in terms of harm reduction than being punitive.

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