Police Violence: “Reform” Is Not Enough

Every few years, some particular instance of a pervasive phenomenon — police violence in the form of unjustified or at least highly questionable killings — “goes viral” with the result that America’s cities explode in protest. Every time that happens, some American politicians complain about a non-existent “war on police,” while others promise “reforms” such as closer supervision (like the increase in body camera use following the 2014 killing of Michael Brown in Ferguson, Missouri), civilian review boards to investigate complaints, better training, and of course more money. After each round of “reforms,” the problem continues.

Randy Barnett: Polycentric Legal Orders (49m)

This episode features a talk by lawyer and legal theorist Randy Barnett from 1997. He speaks broadly on various methods of constraining state power including federalism and the separation of powers, the power of exit, and existing and theoretical polycentric legal orders. Barnett suggests that two simple rules must be present for polycentric orders to work: a “nonconfiscation principle,” and a “competition principle.”

What I’m Thinking

1. Getting people to be rational about politics is an uphill battle during the best of times.  During a global hysteria, it’s hopeless. 2. Due to this doleful realization, I refrained from discussing the lockdown when it first emerged.  The best course, I deemed, was to wait for readers to simmer down. 3. Since many have now simmered down, here’s what I was thinking three months ago.