Most laws are absolutely useless, you can't murder and people still do it, you can't rape and people still do it, you can't kidnap and people still do it. All of which are absolutely horrible and I'm not saying they shouldn't be punished for these things, I'm just saying government shouldn't be the one to do it.
Discussion
Well to be fair. They would be in the tough spot of mostly prosecuting themselves.
Original-flavour Common Law had very little role for government - juries did most of what a modern judge does, and communities did most of what modern police do.
It worked despite no budget, no marketing and no political program, because the people closest to the ground have the most interest in making sure crime is stopped and stays stopped.
Original-flavour Common Law wasn't good at covering up failure, running large scale extortion, or persecuting political opponents, though.
"Sad!"
The problem isn't even "the laws", the problem is that government holds monopoly over them. Voluntary polycentric legal order will work much better
Malicious organised groups behave in a manner they expect to get away with. Thus the blame is on those letting them get away with it.
That doesn’t follow.
On Laws
BY KAHLIL GIBRAN
Then a lawyer said, But what of our Laws,
master?
And he answered:
You delight in laying down laws,
Yet you delight more in breaking them.
Like children playing by the ocean who
build sand-towers with constancy and then
destroy them with laughter.
But while you build your sand-towers the
ocean brings more sand to the shore,
And when you destroy them the ocean
laughs with you.
Verily the ocean laughs always with the
innocent.
But what of those to whom life is not an
ocean, and man-made laws are not sand-
towers,
But to whom life is a rock, and the law
a chisel with which they would carve it in
their own likeness?
What of the cripple who hates dancers?
What of the ox who loves his yoke and
deems the elk and deer of the forest
stray and vagrant things?
What of the old serpent who cannot
shed his skin, and calls all others naked
and shameless?
And of him who comes early to the
wedding-feast, and when over-fed and tired
goes his way saying that all feasts are
violation and all feasters lawbreakers?
What shall I say of these save that they
too stand in the sunlight, but with their
backs to the sun?
They see only their shadows, and their
shadows are their laws.
And what is the sun to them but a caster
of shadows?
And what is it to acknowledge the laws
but to stoop down and trace their shadows
upon the earth?
But you who walk facing the sun, what
images drawn on the earth can hold you?
You who travel with the wind, what
weather-vane shall direct your course?
What man’s law shall bind you if you
break your yoke but upon no man's prison
door?
What laws shall you fear if you dance
but stumble against no man’s iron chains?
And who is he that shall bring you to
judgment if you tear off your garment yet
leave it in no man’s path?
People of Orphalese, you can muffle the
drum, and you can loosen the strings of the
lyre, but who shall command the skylark
not to sing?