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home—we depend on the strength of countervailing values to temper our judgment and hold such excesses in check.
Sometimes finding the right balance is relatively easy. We all agree, for instance, that society has a right to constrain individual freedom when it threatens to do harm to others. The First Amendment doesn’t give you the right to yell “fire” in a crowded theater; your right to practice your religion does not encompass human sacrifice. Likewise, we all agree that there must be limits to the state’s power to control our
behavior, even if it’s for our own good. Not many Americans would feel comfortable with the government monitoring what we eat, no matter how many deaths and how much of our medical spending may be due to rising rates of obesity.
More often, though, finding the right balance between our competing values is difficult. Tensions arise not because we have steered a wrong course, but simply because we live in a complex and contradictory world. I firmly believe, for example, that since 9/11, we have played fast and loose with constitutional principles in the fight against terrorism. But I acknowledge that even the wisest president and most prudent Congress would struggle to balance the critical demands of our collective security against the equally compelling need to uphold civil liberties. I believe our economic policies pay too little attention to the displacement of manufacturing workers and the destruction of manufacturing towns. But I cannot wish away the sometimes competing demands of economic security and competitiveness.
Unfortunately, too often in our national debates we don’t even get to the point where we weigh these difficult choices. Instead, we either exaggerate the degree to which policies we don’t like impinge on our most sacred values, or play dumb when our own preferred policies conflict with important countervailing values. Conservatives, for instance, tend to bristle when it comes to government interference in the marketplace or their right to bear arms. Yet many of these same conservatives show little to no concern when it comes to government wiretapping without a warrant or government attempts to control people’s sexual practices. Conversely, it’s easy to get most liberals riled up about government encroachments on freedom of the press or a woman’s reproductive freedoms. But if you have a conversation with these same liberals about the potential costs of regulation to a small-business owner, you will often draw a blank stare.
In a country as diverse as ours, there will always be passionate arguments about how we draw the line when it comes to government action. That is how our democracy works. But our democracy might work a bit better if we recognized that all of us possess values that are worthy of respect: if liberals at least acknowledged that the recreational hunter feels the same way about his gun as they feel about their library books, and if conservatives recognized that most women feel as protective of their right to reproductive freedom as evangelicals do of their right to worship.
The results of such an exercise can sometimes be surprising. The year that Democrats regained the majority in the Illinois state senate, I sponsored a bill to require the videotaping of interrogations and confessions in capital cases. While the evidence tells me that the death penalty does little to deter crime, I believe there are some crimes— mass murder, the rape and murder of a child—so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment. On the other hand, the way capital cases were tried in Illinois at the time was so rife with error, questionable police tactics, racial bias, and shoddy lawyering that thirteen death row inmates had been exonerated and a Republican governor had decided to institute a moratorium on all executions.
Despite what appeared to be a death penalty system
Louis - Talon-Chantry L'amour
The House of Lurking Death: A Tommy, Tuppence SS