http://www.lawsocietyblog.com/archives/251 Notes from the intersection of law, society, technology, economics, and culture Wed, 07 Jan 2009 01:13:29 +0000 http://wordpress.org/?v=2.2 http://www.lawsocietyblog.com/archives/251#comment-2457 Hanno Kaiser Wed, 26 Jul 2006 15:20:53 +0000 http://www.lawsocietyblog.com/archives/251#comment-2457 Thanks for this interesting post! I am, however, reluctant to attempt a defense of civil rights on the basis of the inefficiency that they introduce in the smooth functioning of the governmental machinery. I would much rather begin my argument with civil rights, the protection of which is the <em>raison d'etre</em> for any legitimate state. In my view, it is the (expansion of the) state that requires justification, not (the expansion of) civil liberties. But, that said, the current political discourse, being what it is, starts by and large from the premise of government and governmental efficiency, not civil rights. <em>In that climate</em> the "inefficiency is good" argument may indeed be one of the best arrows in our quiver. We shouldn't lose sight of the fact, however, that any "inefficiency defense" of civil rights and democracy implies the acceptance of a frame of refererce, which is fundamentally hostile to civil rights and democracy as independent values. Thanks for this interesting post! I am, however, reluctant to attempt a defense of civil rights on the basis of the inefficiency that they introduce in the smooth functioning of the governmental machinery. I would much rather begin my argument with civil rights, the protection of which is the raison d’etre for any legitimate state. In my view, it is the (expansion of the) state that requires justification, not (the expansion of) civil liberties. But, that said, the current political discourse, being what it is, starts by and large from the premise of government and governmental efficiency, not civil rights. In that climate the “inefficiency is good” argument may indeed be one of the best arrows in our quiver. We shouldn’t lose sight of the fact, however, that any “inefficiency defense” of civil rights and democracy implies the acceptance of a frame of refererce, which is fundamentally hostile to civil rights and democracy as independent values.

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