Reply #59: That's the way most laws work [View All]

[HamdenRice]

Most laws don't say, you can do this or you can't do that; they specify the conditions under which one person can sue another. It's very decentralized.

Sometimes this is called the "private attorneys general" theory. In other words, law empowers citizens to enforce social norms through lawsuits. So we control pollution because the EPA regulates; but we also control pollution because I, as a river user, can sue someone who pollutes the river.

Also, the government tends to be very conservative in imposing fines. Often the fines for the most egregious corporate behavior is about what the corporate officers pay in country club memberships. But a consumer, or shareholder, suit can impose millions or billions in liability.

It's enforcement on the cheap.