Posts tagged with: De

Blog author: jballor
Monday, January 19, 2015

Earlier this year, UCLA made available for the first time the audio of a speech from the Rev. Dr. Martin Luther King Jr. given just over a month after the march from Selma to Montgomery. On April 27, 1965, King addressed a number of topics, including debate surrounding the Voting Rights Act.

At one point in the speech, King stops to address a number of “myths” that are often heard and circulated, and one of these is of perennial interest, as it has to do with the interaction between positive law, morality, and culture. We often hear, for instance, that law is downstream from culture, and this is true enough. Thus King admits (starting at around the 33:35 mark) that there is some truth in this kind of view as far as it goes. But this does not mean that there is no place for legislation.

As King puts it,

It may be true that you can’t legislate integration, but you can legislate desegregation. It may be true that morality cannot be legislated, but behavior can be regulated. It may be true that the law cannot change the heart, but it can restrain the heartless. It may be true that the law can’t make a man love me, but it can restrain him from lynching me, and I think that’s pretty important also. So while the law may not change the hearts of men, it does change the habits of men. And when you change the habits of men, pretty soon the attitudes and the hearts will be changed. And so there is a need for strong legislation constantly to grapple with the problems we face.


In this week’s Acton Commentary I conclude, “The American people do not need politicians to tell them what happiness is and how it should be pursued.”

I admit that I didn’t have this quote in mind (or I would have used it!), but Art Carden (follow him here and read him here) notes the following from Adam Smith’s Wealth of Nations:

What is the species of domestic industry which his capital can employ, and of which the produce is likely to be of the greatest value, every individual, it is evident, can, in his local situation, judge much better than any statesman or lawgiver can do for him. The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it.

And following up on the folly of political-driven homeownership for all, Reuters (HT: Drudge) reports that the “New American Dream is renting to get rich.”

The payoff? “So while home ownership may sound glamorous, you need a lot of money to make it work, without much guarantee of positive returns in a post-bubble era.”