In these times when our knowledge and understanding of Science has advanced so far, and access to Super Computers allows us to believe in our ability to model, to predict and even to control the weather, the thought that we should be able to control the outcomes of government and trade by micro-regulation is but a small intuitive step.
This thought is widely held and cherished by even otherwise intelligent men and women. For instance,
Associate Supreme Court Justice Stephen Breyer wrote:Breyer told students there are six criteria judges use to assess a laws [sic] constitutionality: statutory language, constitutional history, constitutional tradition, precedent, purpose, and consequences.
"I tend,” Breyer said, "to emphasize purpose and consequences. Others emphasize language, a more literal reading of the text, history, and tradition – believing that those can help you reach a more objective answer.”
I flinched when I heard him say this. He seemed otherwise a reasonable and intelligent man.
I repeated this quote to one of my friends who is in law. He said, “Yes? What about it?”
“Well, is he smart enough to see all the consequences of his decisions?” Then I answered my own question, “No. No one is that smart. There are always unintended consequences.”
I don’t know that my friend was particularly impressed by my argument, but he didn’t have an answer.
Consider the design of control laws for a new rocket. A team of engineers will spend years analyzing the distribution of mass, the sloshing of fuel in the tanks, changes in the mass and in the mass distribution as fuel is spent, the limitations of the inertial guidance system, gyroscope drift, and the raw capabilities of the main rocket motors and the attitude control thrusters. They will run thousands of Monte-Carlo simulations on computers to ensure that control can be maintained through all planned maneuvers and under all anticipated atmospheric conditions such as temperature, wind speed and direction and atmospheric shear. They will then build and launch a full-scale rocket to validate the control laws.
Sounds complex? Perhaps. But the point here is that compared to the laws required to control human behavior, control laws for a rocket are simple and easily fashioned. More can be drawn from this analogy such as the need to avoid over-steering (creates instability) and under-steering (fails to establish control), but I am not really interested in going there.
My final point is that attempts at improvement often result in disaster. It could be that the attempt was ill-considered. It could also be that the consequences of the attempt were not only unforeseen, but unforeseeable. In the present example, the crafters of the HCF-23 sought to exert control over the polluters; instead they led the EU to fall into the polluters’ control.