An ambititious headline, I agree. But here goes nothing.
Any parent will tell you that children need to be given freedom if they are to flourish. Constrain their every move, and they either rebel or submit. Neither is a good idea over the long term (although one is more pleasant in the short). Give them the freedom to choose, and whilst they may not do what you expected (or hoped) they will explore and learn.
Unsurprisingly, adults are essentially the same.
We can therefore take one of two approaches to the construction and regulation of a proper society. One approach is to set out in detail the path that everyone is to follow - to lay down how they live their lives, decide things for them, and generally act as Nanny. The other is to set down what is expected of people in terms of a minimum standard of behaviour, and to ensure that, generally, the individual meets with the outcomes of their actions. We are, of course, currently testing the former system to destruction.
These are not just differences of degree, or nuance. They are fundamentally different approaches that result in different policies. For example, take the BMA fuss about alcohol advertising. We could, as is being proposed, assume the mantle of responsibility for the health of the individual and protect them from persuasive advertising, raise the price of alcohol to something that is beyond their means, and generally keep them away from stuff that is bad for them. Or, we could take the latter approach, leave the price of alcohol to the market, and regulate only for those who cannot make their own decisions (such as minors). If people get drunk, they will suffer a sore head. If they get even more drunk, they will suffer a sore head, neck and shoulders; police cell floors are not comfortable places to sleep. If they get hopelessly drunk every night, they will lose their job. If they then lounge about, complaining that benefits aren’t enough to live on what with the price of Special Brew, our collective response can be “Tough”.
The “problem” with both approaches is that they have knock-on effects. The Nanny approach, for example, can deal with alcohol in this way, but will then face calls to deal with other harmful products, such as (of course) tobacco. Once both are dealt with to Nanny’s satisfaction, its gaze will be drawn to meths (or whatever substitute the alcoholics turn to). Then, of course, we face a logical difficulty in allowing the continued sale of other products that can be abused, such as solvent-based adhesives, kitchen knives, rope, petrol, nails, knitting needles, pins, frying pans, and so on. Eventually, all that we would be allowed to purchase without an official certificate of our goodness and general trustworthiness is cotton wool*.
The other problem is that whole swathes of the population are criminalised for minor infringement of Nanny’s regulations. Market traders who offered apples for sale by the pound are an obvious example, but I'm going to opt for a more contentious example.
What is actually wrong with selling a vegetable knife to a responsible 17-year old** who then uses it solely for culinary purposes? Should that retailer be a criminal? And if the 17-year old does stab someone, surely that is the youth’s fault, not the retailer? Would the retailer’s actions have been morally different if he had waited a month (or two), until the youth was 18?
And what of the youth who managed to evade the knife sale regulations, and the alcohol sale regulations, and killed someone in a fit of drunken aggression? Nanny then sees him as a victim, of course. It does not say so outright - that might cause offence (another no-no that must be avoided), but in its response to the incident Nanny implicitly assumes that the regulations were at fault; the cause of the killing was that he was able to obtain a knife and a drink, not that the youth was wrong. The remedy, therefore, is for Nanny to impose more regulations (maybe the limit should be 21?) or to come down harder on the retailers who infringed. The youth, as befits a victim, needs help; Nanny will educate him, train him, help him to understand that killing someone is bad. Nanny will not realise that if he can't work that out for himself, he probably won't understand the lesson.
Think about it; when was the last time that the official response to a tragedy was purely along the lines "Someone evil did something awful and will be punished for it", instead of "The prescribed checks failed in this instance. Procedures have been reviewed in order to identify shortcomings, and the administrative staff have been reprimanded/retrained/added to".
Blue Eyes found a post by
200 Weeks describing exactly this.
The knock-on effects of the latter system, on the other hand, is that people might go to jail for quite significant periods. One has to ask, though, whether that is a bad thing. If these people were found committing serious crimes, such a knifing someone in an unprovoked attack on a Saturday night out, then surely they should be?
Equally, others might do very well indeed. A retailer who consistently obtains products that are desired by the people living near him, and sells them at a fair and reasonable price at which he can make a profit, may well become exceedingly rich. Again, is that such a bad thing? You might say that it is, if he is supplying vicious knives to teenagers, but (if you noticed) our example was a vegetable knife. If we supply these more widely, then maybe people will
choose to cook. Maybe they will then eat some fruit & veg (maybe even 5 pieces a day...!). Also, if we lock up anyone who misuses a knife, then perhaps the demand for knives for less innocent purposes might decline...
So there you have it. A recipe for a fairer, healthier and more prosperous society; sell knives to teenagers, but punish them if they misuse them.
----------------------------------------------------------------------------------------------
*actually, I bet you could smother someone with cotton wool, if you had enough. Better legislate a maximum pack size.
**In England, NI & Wales. In Scotland, it is apparently safe to sell knives to 16-year-olds. Either colder darker winters make teens more trustworthy, or we have chanced upon proof that the whole thing is totally arbitrary.