Regulating Right - The law obviously isn’t the law
What I really enjoy about John Ivison’s discussion of contraband cigarettes is the realistic approach to a complex problem. There are several sets of views, priorities and values at work. Two of those are Stockwell Day and the U.S. law enforcers, who have differing views of how strictly to apply the laws governing production and sale of tobacco products.
Rather than saying, “the law is the law,” Day asks the public to stop buying bargain-basement contraband cigarettes. He appeals to the greater good, imploring that money from such cigarettes fuels more dangerous illegal activity. Demand reduction is a great strategy for stemming market economy problems. If there is no demand for contraband cigarettes, the market will disappear. What you run into is summed up in dialogue from the movie ” The Break Up,” whereby the plea “I want you to want to wash the dishes,” (Jennifer Aniston) receives the reply (Vince Vaughn) “Why would I want to wash the dishes?” Day wants smokers to want to pay punitive taxes… and it may work! My grandmother, who lives in a border town, has always factored “made in Canada” into her purchase decisions. Frugality has lost to patriotism, whenever possible, and, increasingly, where “made in Canada” is discernible. Day is counting a great deal on prioritizing “societal good” over “money in my pocket.” (This notwithstanding that people will actual believe him!)
Assuming Day had there attention when speaking, the U.S. Enforcement Agencies reply suggesting they have bigger fish to fry makes no sense. They are more likely discounting the argument because (a) it is flawed and there is not connection between cigarettes and the “big fish”, or (b) they have additional priorities beyond upholding the law of the land. Assuming Day has it right–so no (a)–one could speculate endlessly as to what those (b) priorities might be: appease a potentially volatile First Nations community? provide some air cover to local manufacturing jobs? allow criminal activity to continue until there is a “big bust” that will survive the court system?
On the surface it would be confusing to see why Day would not get buy-in from U.S. law enforcers: they appear to both want the same thing. It is not that easy, nor should it be, but until there can be a clear discussion of what each party wants, there can be no resolution. Clear objectives may demand some heated internal discussions, and hopefully take into account other interests. At some point the First Nations community should be asked what they want from the situation, as well. Entering into negotiations, there is risk in clearly stating your objectives, appealing to the “greater good” and creating an in-group dynamic, may enable objectives oriented toward sustainable solutions to some of these incredibly complex issues.
Tags: greater good, In-group/out-group, John Ivison, Regulations, Stockwell Day