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Following posting this comment ( https://www.themotte.org/post/900/culture-war-roundup-for-the-week/193633?context=8#context ) regarding a law that I believe should only apply to those who would want to impose it on the population, I have been playing in my head with the idea of a "Higher Standards" bill for politicians. The idea would be that all laws apply maximally to elected officials; in situations where prosecutors or judges find themselves with any discretion in their ability to prosecute or punish crime committed by an elected official, even in their personal life, they should forced to start their process from the point of the harshest possible position. They would be forced to prosecute jaywalking, the slightest driving infraction, etc... and start the mental accounting for sentencing / fining with the longest sentences or highest fines before any mitigating circumstances can apply. Details as to whether it would apply to actions before the enactment of the bill, or to accession to public office could be negociated either way. A grace period could be left open to allow rewriting laws before it applied.
I see a lot of positives coming out of such a bill. The main one is to urge restraint in writing laws. Legislators pass laws knowing that it is unlikely that they would ever be used against them and care very little that these laws are held over the population like the sword of Damocles that could at any moment be applied by a prosecutor looking to make an example or please a private sponsor. If you want to vote for a law criminalizing piracy, you should yourself be able to account for every single piece of digital content you have. If you want to curtail "hate speech" you better be damn certain that whatever comments you make today on either side of the Israel/Palestine conflict will not be considered "hate speech" by the standards of tomorrow, etc... While I don't believe it would stop all of it, I think it would force legislators to reconsider some laws that achieve little but make technical criminals of very average people for widespread actions.
Other benefits I see is that it would encourage legislators to pay attention to the technical minutia of the laws they're passing, outside of the pork they're able to fit in it and how it will play with interest groups. It would also discourage criminals from running for office.
I struggle to see negatives; technically it could discourage effective would-be politicians from running for office if they believe that this is going to be weaponized against them. And I guess it would be a struggle to pass as politicians obviously would hate it, but without any arguments to bring forward I think they would find it hard to convince their constituents that voting against it is anything but voting against their interest. And it would take only a few fairly clean politicians to make some noise in favor of such a bill, willing to trade the benefits of future criminality in exchange for the large boost such a clear pro-plebeian move would give them.
I guess it could also be argued it's a very legalistic, low-trust society move, which I would concede, but that's the point I believe we are at in much of the west. That when the system is seen as benevolent it is fine to leave cops with the discretion to decide, for instance, when it's in the public's interest to disperse disruptive people for vague reasons like "loitering" or to punish antisocial speech as "hate speech", but when I do not trust the system, until that trust is restored I would rather know exactly what the rules of the game are, and so I want lawmakers to be highly interested in making sure that rules are crystal clear too.
So are there any negatives I'm not seeing? Has any similar law been enacted elsewhere and what has it led to? I see lots of references in the anglosphere to proposed bills claiming to hold elected officials to a higher standard, but for the most part it seems like it's either object-level transparency laws (which of course, we need too, but won't encourage restraint in lawmaking), too vague or obviously meant to be solely weaponized against the proposer's rival (laws against "lying", or against "contesting election results" or whatever else of that kind).
Becoming a politician is already so shitty (in terms of pay, workload and benefits) that very little elite human capital bothers, which is why you get your MTGs and AOCs and so on. Making it even worse to be a politician doesn’t seem likely to improve that issue.
Agreed on it being currently shitty to be a politician, but then again part of the issue is that on top of relatively bad benefits and pay (bad relative to what the same person could get working somewhere else with the same skills and workload) it also has very low respectability. What that law would do hopefully on the long term is restore respectability to that profession. And if it takes a significant pay increase to justify, I wouldn't be against it, as the benefits of a better breed of legislator would quickly outweigh their cost by orders of magnitude.
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