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March 15, 2008

QotD: Revisiting Salem

American history is littered with examples of puritanism deranging the law, from the Salem witch trials onwards. Anthony Comstock, a 19th-century anti-porn campaigner, used his position as a postal inspector to seize 50 tons of books and 4m pictures. He boasted that he was responsible for 4,000 arrests during his career and 15 suicides. Under Prohibition people could be imprisoned for life for consuming alcohol.

Puritanism continues to stalk the country in new guises. The most dramatic example is America's new version of Prohibition — a "war on drugs" that helps explain why one in 100 American adults are in prison. But there are plenty of humbler examples. Schools impose zero-tolerance rules that result in expulsion for minor offences. The citizens of Texas may not buy dildos. Americans are banned from drinking until they are 21.

The combination of legalism and puritanism invariably produces the same dismal results. It creates expensive government bureaucracies that seize on any excuse — rules relating to inter-state commerce are a particular favourite — to extend their powers to boss people about or spy on them. It throws up swivel-eyed zealots who pursue their manias with little sense of proportion or decency (remember Kenneth Starr). And it ends by devouring its children. Mr Spitzer is only the latest in an endless line of self-righteous crusaders impaled on their own swords.

He certainly had no choice but to resign (as he did on March 12th) if, as it seems, he broke the law. But that still leaves the bigger question of whether the law is an ass. George Bernard Shaw once defined "Comstockery" as "the world's standing joke at the expense of the United States"; but it is hardly a joke for the people who are caught in its tentacles. There are enough real problems for America's law-enforcement officials to worry about.

"The hypocrites' club: Now with a new diamond-level member", The Economist, 2008-03-13

Posted by Nicholas at March 15, 2008 12:07 AM
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