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A Little Law Goes A Long Way.(Brief Article)

The American Enterprise

| September 01, 2001 | Wooster, Martin Morse | COPYRIGHT 2001 The American Enterprise, a national magazine of politics, business and culture (TEAmag.com). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

A Little Law Goes A Long Way Jonathan Rauch, "Law and Disorder," in The New Republic (April 30, 2001), 1220 19th Street N.W., Washington, D.C. 20036.

In this article, based on an AEI Bradley Lecture, Brookings writer-in-residence Jonathan Rauch denounces the "mindless legalism" which he believes "is becoming a menace to everyday decency in American life."

In the past, many small transgressions were addressed by what Rauch calls "Hidden Law," in which minor offenses were tolerated as long as the transgressors were discreet. Abortions, for example, were allowed if they took place quietly, ensuring that abortions were "legal, available, rare, and morally disreputable." Similarly, before campuses had speech codes, students who said stupid or insulting things were tolerated as long as apologies were made. The result: Universities were free of investigations, lengthy trials, and "regular ...

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