Justice Run Amok: Rules That Make No Sense

An Insurance Institute for Highway Safety spokesman said in July that "billions" of dollars are unnecessarily spent annually because the National Highway Traffic Safety Administration still fails to regard SUVs and light trucks as "passenger" vehicles. One result, according to an MSNBC report, is that otherwise-benign bumper-to-bumper nudges (harmless because passenger-car bumpers are required to be of standard height) turn into major repair jobs when higher-bumpered SUVs crush the headlight assemblies of lower-bumpered passenger cars.

Italian and U.K. legal authorities have recently discarded rule interpretations based on embarrassingly anachronistic stereotypes of women. In July, Italy's Court of Cassation reversed a 1999 ruling creating a legal presumption that a woman wearing tight jeans could not be the victim of rape because such jeans would be impossible to remove without her assistance.

Coincidentally, at about the same time, the British government formally removed the special, ameliorating defense of "provocation" for husbands charged with murdering their wives, thus putting domestic homicide on the same footing as other homicides. (Some husbands had received lesser penalties by claiming that their wives' affairs had provoked them to murder.)

Among President Sarkozy's recent moves to trim the size of the French government was the layoff of half of the 165 physiotherapists at the taxpayer-funded National Baths of Aix-les-Bains. The pink-slipped masseurs warn that the country's health will be at risk if people are unable to get the mud wraps, thermal baths and deep-tissue massages covered by national health insurance (along with subsidized transportation and lodging for the visits). In fact, 27 of the physiotherapists immediately went on sick leave for depression. Among Sarkozy's other targets of government bloat, according to a July Wall Street Journal dispatch: figuring out why France employs 271 diplomats in India but more than 700 in Senegal.

The European Union allows fruits and vegetables to be sold only in prescribed sizes and colors (such as its 35 pages of regulations governing 250 varieties of the apple, or rules that cucumbers must be straight and bananas curved). In June, British marketer Tim Down complained that he was forced to discard 5,000 kiwi fruit because they were 1 millimeter in diameter too small and one-fourth ounce too light. (It is illegal even to give them away, as that would undermine the market price.) "Improvements" in the EU system continue, according to a July Washington Post dispatch from Brussels: Despite 10 pages of standards on the onion and 19 amendments, the Dutch Ministry of Agriculture recently issued a report urging further refinements, using 29 pages and 43 photographs.

After languishing for two years in the Irish legislature, the Nuclear Test Ban Bill of 2006 has recently been rethought and refurbished, according to a June report in the Irish Independent. Originally, the bill codified the U.N. Test Ban Treaty, adding some provisions specific to Ireland. Among those additions was the punishment for anyone detonating a nuclear weapon in Ireland: up to 12 months in jail and/or a fine of up to 5,000 euros (then, around $6,500), along with language that might even allow a person found guilty to apply for first-offense probation. The proposed punishment this time is expected to be considerably harsher.

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