Bans and obligations: a last resort?
The law can be an important, but often overlooked, factor in our day-to-day choices. But how effective are legal bans and obligations really?
A decision whether or not to do something is almost always made on the basis of one of two types of judgement: does it deliver a benefit (or avoid harm), or is it the right thing to do? But sometimes, there is a third factor: the law. Does the law oblige us to do something, or prohibit us from doing something? Two recent developments, one in my native country and one in the one where I have lived for many years, caught my attention and made me wonder about the impact of the law on our decisions.
Belgium is one of the few countries where voting (or, more precisely, presenting yourself at a polling station) is mandatory, with a penalty of between 40 and 80 euros (escalating for repeat offenders, with for persistent ones, ironically, a ban on voting). This year, for the first time, 16- and 17-year-olds will be allowed to vote, and there was concern about the legal obligation to exert this democratic right for these youngest of voters. An amendment to exempt them from this duty was declared null and void by the constitutional court, so every Belgian citizen over 16 who fails to turn up still risks a fine (in theory, since…
