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reflect their highest aspirations. Laws are the useful, i.e., problem-solving, means of
government by which the ends of government are attained. Since laws have the same
general characteristics as all other useful products, they, too, can be designed and
improved by the same quality methods used to design and optimize other products.
Costs
All laws consume and divert resources. The costs to a government for the creation and
operation of its body of laws are borne by the people. To pay the direct costs of laws,
governments create and enforce additional laws (at additional cost to the people) to
raise revenue through sanctions such as taxes, fees, and fines.
Side Effects
Laws, like all other human creations, may or may not be useful, but they always
produce unintended side effects. The parameters used to measure the side effects of
laws are the human rights, living standards, and quality of life standards of the people -any or all of which may be unintentionally degraded when a law is enforced.
Performance
Since every law forces a change in the natural order of things and, since every law
imposes restrictions, incurs costs, and produces unwanted side effects, the
performance, or usefulness of each law, in terms of its overall effect upon the well being
of the public, can be derived.
The performance of a law is, simply, the measure of the problem-solving benefit of the
law minus the measured sum of its burdens (restrictions, costs, and side effects). If the
net benefit (benefit minus burdens) is positive, the law is useful. If the net benefit is
zero, the law is useless. If the net benefit is negative, the law is detrimental. For a
democracy, the only valid laws are those whose net benefit is positive.
Fallibility
Laws are the product of human creative efforts and are therefore fallible. They may fail
in their objective as a result of design defects or become outmoded. They may also
incur excessive costs or produce unacceptable side effects. Fortunately, laws, like
every other human-made product, may be improved by design changes (amendments)
and they may be repealed when they are found to be less than useful.