THE
NEW 'CRIMINAL' CLASSES: LEGAL SANCTIONS
AND BUSINESS MANAGERS
(June
1997 -- 47 pages)
By
JAMES V. DeLONG
The
past 20 years have seen "a spectacular expansion
in the scope and intensity of the nation's apparatus
for punishment." This quote does not refer to the
battle against street crime. It is talking about enforcement
of regulations governing environmental protection, medical
practice, financial institutions, government
contracting, and many other areas. The new targets of
the impulse to punish are not muggers but the nation's
managers, entrepreneurs, professionals, and landowners.
And the apparatus encompasses more than just criminal
sanctions. Hefty civil penalties, asset forfeitures,
damage payments, and other devices to cause financial
pain are an important part of the system.
Protecting
yourself is difficult. People are presumed to know the
law, even when it is buried in thousands of pages of
impenetrable regulations, and mistakes of fact, honest
confusion, and even government errors do not provide
a defense. "The new burdens are omnipresent, pushing
deeply into daily life," as a growing number of
people are finding out.
James
V. DeLong examines this troubling trend in a new article.
Mr. DeLong is a lawyer in Washington, D.C., a former
regulator, an Adjunct Scholar of the Competitive Enterprise
Institute, and author of the book: ROPERTY MATTERS:
How Property Rights Are Under Assault - And Why
You Should Care, published by the Free Press in 1997.
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