This page written circa 4 October, 1999.
A useful one-line summary contrasting American and British legal
systems runs "British law protects the state from the individual,
American law protects the individual from the state". Being a
believer in freedom and the Natural Order, it should not come
as a surprise that I prefer the American philosophy.
The most recent appalling news here is that the Benz has failed its
smog test, emitting 168ppm of hydrocarbons instead of less that 130ppm.
Cause is likely to be worn valve guides, maybe just sundry parts,
or at worst piston rings.
This is especially sad as readers will recall that I held the
head in my hands only last February,
a job of no small effort
and in which I was very lucky to have assistance.
This event causes me to reflect upon the things checked at the
insistence of the government in the process of registering a car.
Here they check emissions, and that is about it.
In Australia, they check a list of things typified by the state of
tyres, presense of holes in exhaust pipes, structural integrity
via the absence of visible rust holes, the effectiveness of brakes
(a tiresome test which takes no account of certain vehicular differences),
and for the presence of gross oil leaks.
The philosophical aims are clear and disparate: The Californian state
wants to minimise pollution, the Australian state wants to prevent
you putting yourself at physical risk. I happen to think they
both have it wrong.
What should the state prevent? Protecting a resource that is not
uniquely Californian looks to me like you are working for the other
side, or at least not my side. My government should exist for my
benefit, even if that means your detriment... after all, I pay for
the bastards. If we (humanity) decide to protect our environment,
that is good, but we do it together, I do not do it for you.
My 38ppm discrepancy will be utterly invisible next to developing-world
industrial emissions.
At least the Californian system efficiently achieves what it sets out to
achieve. The Australian system, which becomes more complicated
and more (expensively?) enforced as each year passes, succeeds chiefly
in pissing off mechanics and causing the diversion of a lot of
otherwise-useful time and energy into subversion and ineffective
fooling around. Checking tyres makes sense, checking brakes makes
sense. What use to check high beam filaments are intact or that rust
holes have been filled with putty?
I hold that government exists to protect me from the "other guys",
so the Californian government must protect me from my neighbour
and from other American states, the Feds from other countries.
How has it come to pass that my representatives represent the
competition?
(This view is unconnected, I hasten to point out, to the
ludicrous extent of some American justice, for instances the
mechanism that allows someone to successfully sue the vendor of
hot coffee for injuries sustained from squeezing a cup of same
between the thighs, or that which enables one who saws
off his own arm to sue the manufacturer of the electric motors used by
a defunct intermediate company in the assembly of power saws.)
Protecting me from myself smacks of that appalling attitude through
which America once justified international interference to
save potentially-communist countries from themselves, yet that is
what Australia does when it "pink-slips" a car as California "smogs"
a car. You might justify a lot of the rego tests as making me safe
from you (and vice versa), and this can be justified, but it is
not the original motivation.